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I may be missing something fundamental here, but why would any confident commercial litigant, or their solicitor, agree to cap their own costs? If I go into battle, I wouldn't volunteer to swap my tank for a bow and arrow.

Having seen fixed costs in operation in other spheres, it should also be pointed out that the complexity of a claim (and therefore the amount of time and costs needed to run/defend it) is not necessarily linked to value.

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