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Additional point 2 above would at least avoid the farcical situation which applied in ABC v. St Bart's NHS Trust where the claimant by his litigation friend DEF, applied for leave to accept an offer made 8 months earlier...and 12, yes TWELVE, days before the trial was due to begin. Consequently £millions in costs were run up instructing QCs, juniors, solicitors, expert witnesses in several disciplines...all wasted, and the claimant as a result of being ordered to pay the defendant's costs in the indemnity basis for those 8 months received nothing, apart from a bill bill payable to the defendant that is.