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There is a fairly obvious reason that a solicitor should not have two retainers in place at one time. Particularly where one retainer (legally aided) says the solicitors gets paid by legal aid even if they lose and the other retainer says they only get paid if they win. This was a long standing legal principle. I think the trust were right to run it.

No costs would have been harsh but nonetheless correct under a strict interpretation of the law. The Claimant got lucky the judge let formalities slide.


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