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I infer that the Claimant and his solicitors entered into a Conditional Fee Agreement.

If the Claimant had Legal Aid, their solicitors would have been entitled to receive payments on account from the Legal Aid Agency.

The NHS Trust could have argued that they ought not to be penalised for the Claimant's having opted not to use Legal Aid.

But perhaps the NHS or the courts (or both) believe that Legal Aid is not fit for purpose.

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