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The problem with fixed costs comes when there is inequality of resources between the parties as is the case in personal injury and clinical negligence litigation.
We've had fixed costs in PI for some time now, tomorrow my firm goes to trial with a 94 year old client who came off his bicycle due to a pothole in the road. The claim is worth less than £25,000 yet the deep pockets of the local authority (who admit breach, but not causation) somehow makes it morally acceptable to put a 94 year old through the rigours of a contested trial.

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