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I have spent more than three decades providing support to litigators on some of the largest domestic and international disputes with significant sums at stake. At no time have I ever been able to provide a budget for the disclosure element, only best estimates at major steps along what can be a process taking place over a number of years. Precedent H is a farce. You may like to read my article, published in Barrister Magazine earlier this year (and first published in Litigation Funding Magazine last year), setting out why this is so: "The Disclosure Iceberg" (unfortunately providing a link is in breach of this site's terms and conditions). Although the article is based on my personal experience on larger matters I think that what I explain is applicable to all who try and provide accurate budgets at the outset of litigation whatever the amounts in dispute and wherever the bar of proportionality rests.

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