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Thanks for the link anonymous 16:46, which provides a commentary and a link to a mini-law report. It seems to me that the LiP was as naive in the face of Legal tactics as the CPR themselves. In any field other than law it would be considered good manners for a party to point out such an error, rather than keep quiet and announce the error when it is too late to amend it. It is entirely possible that the LiP thought that legal cases are won on evidence and strength of argument, rather than gamesmanship.

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