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Another well balanced judgment handed down by Master James.
Importantly, the point was made to the wider picture of public policy and the opening of flood gates.
Over the last year and a half or so these species of claim have been on the increase to the point where they presented a daily menace. Worst of all - members of the public seem, upon inquiry, to be unaware of the true risk this type of vexatious litigation presents to them, and I speak from considerate personal experience in dealing and successfully defending these matters.
It is unacceptable to expose former clients to the consequences of a purported assessment hearing in a fixed costs regime; with Solicitors Act 1974 s.68 delivery up applications mounted as a justifying pre-curser to the never arriving assessment application.
It defies all semblance of logic and good conduct to advise any lay client in a fixed costs RTA/MOJ costs regime to have any billing instrument assessed by the court.
A novel yet unsavoury business model with an eye to the generation of standard basis costs – now dead.

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