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I see what you mean, Anon 8.55. Perhaps there is a middle course? Perhaps the other side should be asked how much they would offer by way of costs. Then the client should be told that figure plus what sum you would be asking him for by way of a contribution. Then he could work out his net award.

Otherwise if you ask the other side for, say, £10,000 and they offer £9,000, and you end up with £5,000 on taxation/assessment the client could say "If you'd only told me you were only £1,000 apart I'd have paid it. But now you are asking me for £5,000. I am not happy as that wipes out most of my award. I'm off to see that firm of solicitors down the road you say you dislike with some intensity. You haven't heard the last of this."

Later the same day the following letter arrives "We have been instructed by your FORMER client in the matter of X v. Y who tells us that you are asking for £5,000 towards your costs. This is despite the other side having agreed to pay £9,000 of the £10,000 at settlement. We enclose his signed authority and would ask that you deliver, today if possible, all his files of papers, his will and house deeds. He has instructed us not only on the costs issue, but also to look at the reasonableness of the settlement itself which we believe to be inadequate. He has also asked us to check that the boundaries to his house that you bought are clearly defined as he is in dispute with his neighbour over their position.

Also he has asked us to check that you properly entered into a Contract for Mutual Wills. You will be aware that his wife sadly committed suicide last year over this long drawn out litigation and there is a possible question over the mutuality of their wills.

Finally, please confirm that the details we have of your PI insurers are still as they were when we sued you last year, or full details of who they now are as we suspect that you may have had to change".

OMG!

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