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Anon 14:36 - did you read the post you are responding to properly? If the clmts sol isnt answering calls or discussing offers until post-allocation, how is the defdt sol supposed to know it's a difference of £200...? Its not like a clmt sols will purposely make a slightly higher offer to save themselves from the cost sanction, knowing that any sensible defdt sol wont advise their client to run up costs to trial for such a tiny sum. On the basis that I supervise plenty of junior defdt sols doing volume claims litigation, i can tell you that advising a client to run up a £5k bill taking a claim to trial to avoid giving them another £200 is more likely to get them "flayed" at audit for leakage than anything else! And as for recovery, you may not know anything about QWOCS, recovery of the outlay will be limited to any amount recovered by the clmt for damages. If they don't get damages, the client recovers nothing.

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