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Interesting DC as that practice smacks of conflict.

Anyway, proportionality is arbitrary to the process and the judge deciding it. For example, in May's case what work was actually done to establish a successful claim - £100k? Was that at QC rate or QC plus support rate? Was the QC negligent in failing to advise on alternative methods of funding, such as BTE or perhaps cheaper counsel or even, gosh, solicitors? At a guideline rate of £201 it'd take me 500 hours to rack up £100k, and 1000 for £200k.

What about a little old lady who dies because of GP or hospital negligence? A bit of pain and suffering and funeral expenses might only justify £5k, but if you need GP and general surgeon evidence x 3 (1 claimant, 2 defendants) and perhaps a 5 day trial justifying reasonable total costs of all 3 parties collectively at £200k, what is proportionate?

But, proportionality is fantastic providing it doesn't result in Pyrrhic victories for claimants, or a poor standard of service with an eye on what may or may not be proportionate. And therein lies the problem in those cases that need the work done but quantum is not so great.

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