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Why is 31% of costs being incurred costs considered to be a "whopping" amount ? You have to put work in and gather evidence to be in a position to issue proceedings and if you are issuing you are probably facing a denial of liability. Litigation is supposed to be a last resort, so if you want to try and settle before issuing, you still need to put the work in to present the best evidence you can and enhance prospects of settlement. You really can't win - if you plan ahead (get your statements and medical reports in) you are criticised for incurring the cost . If you don't plan ahead the DJ at the CCMC asks why have you not got all of this done already . Defendant complains that they have seen no evidence to substantiate the claim. If the DJ actually allows you to get the evidence you still need, if you haven't already done the work you need more time to do it post-issue and cases therefore take longer to go through the Court. If you leave it all until after issue , there is no scope for agreement around expert evidence.

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