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@ anon 8.41 - this was exceedingly aggressive litigation, much of it conducted very late at night, where the clients were exceptionally hostile and the stakes were very high. It's easy for me to sit here and give my 2p years after the event and far removed from the pressures which these lawyers faced, but it seems that this was a 'win at all costs' situation, where the sort of considerations that you set out simply weren't addressed.

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