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@Anon 4 July 2018 13.12 GMT
That's exactly the point I've made earlier.
If you've issued proceedings and if you can't serve witness evidence (as you don't have an active client giving instructions) then you're going to be met with a strike out application. How is that acting in your client's best interests when that client is going to be possibly landed with a bill from the Defendant's solicitors? It isn't is it? Your client is in a worse position, financially. There wouldn't be any liability if Mr Gray had simply closed the file and not issued - hence at that point no liablity for the insurer's costs.