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Terrence. I seem to remember that is the case (cooling off period not expired or not given), and that seems to be the key. Or if the cooling off period was given, either way they hadn't any provision in their contract with the client that entitled the solicitors to any fees.

Therefore - so the insurers say - how could they have cheated the solicitors from fees to which they had no legal or contractual entitlement, or procured breach of a contract. All the solicitors had was the expectation that they would be getting fees, which is of course different.

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