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Ahh the law of unintended consequences.

You have an innocent claimant, there are two potential defendants and the both blame the other.

You have no choice but to litigate against both, you win against one but the claimant (unless he/she has adverse legal expense insurance (and don't forget the costs of ATE are now unrecoverable)) in effect by want of having to meet the successful claimant's costs loses against both.

Where's Peter Cook when you need an explanation?