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"...accepting Part 36 offers out of time knowing that the abated Brief fee of counsel is arguably not recoverable as the trial hasn't started ..."

That was never the case 20 years ago. The brief fee was forfeited if the trial was adjourned and Counsel never was called on for more than an hour. So by the same token, if the trial is vacated they get the fee but at reduced rates.

Scruff.

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