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In a significant number of cases where LA Funding was in place before the cut off date it would have been arguably negligent not to advise the client to change funding arrangents for a number of reasons including the risk of the client becoming financially inelligible,failing the cost benefit test,exceeding the level of funding provided at a particular stage risking a judgment against him/her,being refused authoity to instruct a particular expert etc.To make a finding against a solicitor in those circumstances seems harsh particularly if the client subsequently was happy with the decision.The only failiure was to inform the client of the situation of what may have been a no brainer.Then again it seems the courts are generally more amenable to alleviating hardship to defendants rather than claimants

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