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Am I missing something here? Firstly, it is not unusual for Solicitors to be instructed to assist in a pre-action protocol letter of response or apology.

The Trust clearly should have disclosed the records in good time, but if they did not or could not why as PADA application not made and why were proceedings not issued protectively? Why did Hawkins Solicitors pay the expert fees when they found out there was an undisclosed conflict issue (or issue proceedings against him for lost legal fees due to his failure to disclose the conflict).

It seems to me that, although the Trust should have disclosed the full sets of documents they were required to, Mr Hawkin's own Solicitors have a lot more to answer for. Pre-Action Disclosure Applications are not at all unusual, neither is the issuing of proceedings protectively. Instead of the Hospital being debated in Parliament surely it should have been the poor performance of Mr Hawkin's Solicitors.

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