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A very odd article.

As 09:36 says, look at C's solicitors. If they did their job then they could have applied for records, made a pre-action application and in the absence of notes issued within limitation. It doesn't appear that any claim in negligence was brought against C's firm.

The difficulty arises in the context of when this claim was made. Fine if you have CFA with ATE but not so fine if you do not have ATE for whatever reason - no QOCS to protect you.

And we all know that if you are forced to issue because of the defendant's conduct, that if you try to extract costs on discontinuance that you are screwed over.

Maybe there wasn't a valid claim underpinning this, and he's just miffed that he didn't get what he wanted? Maybe this is a sign of things to come for the vast majority of claims if the various proposed reforms are pushed through.

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