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Hi Ian,

If the Claimant believes that they have as watertight a case as it is possible to have, what would you consider would be a non-artificial Part 36 offer? Put yourself in the shoes of the Claimant's advisors. You cannot ignore the possibility of something going wrong at trial, and you would like, if you can, to save the time, expense an uncertainty of a trial. At the same time, because your experts are all lined up and you think this is a slam dunk, you don't want to volunteer too much away.

That 10%, incidentally, is likely to have been worth more than £1m in the context of the likely value of this case.

So, I ask again. What is the smallest percentage that you would consider not to be "artificial"?

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