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The right decision. One of the many grey areas in the portal rules is the issue of admissions and whether certain heads of loss can be admitted and whether simply agreeing the figure proposed by one party or the other counts. The rules do not say this but Defendants have sought to argue it for some time in a variety of circumstances. Various Circuit Judges have held that the only figure within the Stage 2/3 process which can be agreed/admitted without formal, separate written agreement between the parties is the total offer amount.

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