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This seems fundamentally unfair to the clients who by virtue of having a pre-Jackson CFA do not get the benefit of QOCS or the 10% uplift (specifically put in place to address the unfairness of removal of success fees and recoverable ATE premiums), but who lose a percentage of their damages and have to pay for ATE - which they can't get any way because no-one now is prepared to provide cover where there's a risk of paying defendants costs.
What a mess!

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