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The courts encourage the parties to negotiate or mediate. But this decision pushes them to press on with the litigation. Does Mostyn J have any idea of the extra cost of having to get your claimant proceedings on foot and issued, which will then be the subject of a standstill agreement? The argument about stale claims is not applicable because if the estate thinks the claim has no merit it will not agree a standstill. A very poor and unrealistic obiter comment which i hope is disregarded.

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