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the whole part 36 system does not seem to be working. At the moment it favours a defendant and there is no incentive for a Defendant to accept a part 36 within the relevant time period. Extra costs and stress is been incurred by the Claimant in preparing for trial.To have a level playing field after the recenty judgement, a Defendant should also not be allowed his fixed or standard costs if claimant accepts their part 36 offer late.

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