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Does the "exceptional circumstance" really exist in practice? . I took the view many years ago that it does not. The problem is historic drafting and later interpretation by the Courts. I for one previously presumed when the rules were first introduced (foolishly) that cases over £25,000 would be exempt from fixed costs as the tables were clear £25,0000 was the limit. I quickly learned my lesson. For several years now if there is a chance case can be valued at over £25,000 then I do not put on the portal despite significant protests by insurers. If case later is valued at less than £25,000 (and not allocated to the Multi track) then I accept fixed costs at conclusion. Who I really feel sorry for are the clients. How many have tried to change Solicitors and then not been offered terms as the cases had been originally submitted on the portal? Freedom of choice? Restriction of choice more like.

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