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Undoubtedly JC & A appear to have made a pigs of ear of this (based on what has been reported in the judgment). Not disclosing the retainer and then trying to charge more than they charged is a bit silly. It also raises the eyebrows of the judge and makes it look like you are being dodgy even if you aren't.

But that of itself does not mean that all deductions from damages are wrong

Anyway there's no point continuing to debate and speculate on here. Let's just wait until a solicitor-hating ex barrister, i.e. a judge, (who when in practice charged 'brief fees' which were made up out of thin air by the clerk with no reference whatsoever to hourly rates or anything else, and which seem immune to detailed assessment for some reason) cocks it up for everyone. And then wait until it gets sorted out one way or another on appeal.

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