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RG so now you propose getting a Registrar's opinion, and when the breach is on the part of a Consultant, the Registrar will no doubt say you need a Consultant's opinion. Ok, so that has increased costs already.

Perhaps it is better to identify the alleged negligence, decide on the appropriate duty and instruct accordingly. I cannot imagine a scenario where I would instruct a Registrar rather than a Consultant.

The remainder is random again.

DC - you ignore the level of costs claimed by Thompsons for work done by them. You also gloss over the amount of work needed on cases that do not succeed. If you cannot make enough on one claim to be able to run others, only the most absolutely certain cases will proceed.

As for the points:

1. A 6 minute unit also allows for consideration, making a note, diarising forward etc etc. It is somewhat artificial but in many ways allows for certainty.

2. Such agreements already exist. I have 2 on my books at the moment and will likely have more.

3. You cannot make an open Part 36 offer - they are always without prejudice save as to costs. Absent any limitation issues it is always advisable to make a Part 36 offer anyway on those cases that can settle. It doesn't need enshrining in the CPR.

4. This would simply increase cost. What is wrong with the JC Guidelines, quantum case law and good old fashioned precedent? If all else fails a judge can do the job.

Derision yes, but tempered with the knowledge that you type in ignorance of what actually has to happen in such cases.

But a comfortable living? I doubt if I'll ever be able to be the mortgagee for my kids the way you are for yours. That to me speaks volumes.

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