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I agree with @anon 27 June 2018 - 09.13 GMT
A firm with alleged expertise in these matters, such as BLM, seem just to have dropped a clanger.
It's quite simple:
1. Make a formal Part 36 and bear costs if accepted;or
2. Fight your position with a tidily-worded Calderbank Offer.
BLM (wrongly) chose the former and have lost the argument.

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