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Anon @ 11.57 - Do you genuinely think that this issue would not have been in the parties' minds?

I can just about accept that the Defendant's representative may not have appreciated the significance, whether of the Claimant's application to re-allocate to multi-track, their consent to that application or the very specific wording as to costs that they agreed.

I would be *very* surprised if that was the case, though I guess it would at least explain why they then issued the application for fixed costs.

However, I really struggle to believe that this would not have been in the minds of those representing the Claimant.

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