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Good points all around Edgar.

The problem is that the costs system now allows a case to float and go all over the place.

I think we should go for real severe changes, namely no costs orders and no disclosure either but simple trial bundles with the documents provided to support the case at that point (i.e. those that haven't formed appendices to witness statements by that point).

There is no reason why that could not be done for cases of up to £100k.

Then either party can pull out. In fact a lecturer on Civil Procedure told me that pre 1984, this was the case in the main.