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I rather agree with anon @11.31. However, having in the past been in a similar situation, it is possible the solicitors did all they could but simply couldn't get meaningful instructions. I once had a case where the commercial client fairly quickly settled a claim in large part because the two key witnesses had left the company, and were unprepared to assist (and their oral evidence was essential). Also, some businesses are not as scrupulous in record keeping as solicitors are (who have had the habit well drilled in), and some businesses are too busy doing business to focus overmuch on something historic.

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