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In litigated claims, it would be quite exceptional for the defendant’s Solicitors to contact the claimant directly. Indeed, the Solicitors’ Code of Conduct strictly regulates direct contact. Consequently, there appears to be a lacuna as to direct contact between pre-issue claims and issued claims. This anomaly operates unfairly in th context of pre-issue claims because we are still prohibited from contacting the defendant (due our professional rules) but the claims handler would appear to be free to contact the claimant (as he or she is largely unregulated). This cannot have been the intention of the various rules.

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