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There is some equity about this as a case likely to be worth £50k that ultimately settles for £20k due to a better than anticipated injury resolution avoids fixed costs. However it doesn’t help individual litigants if the pattern of their recovery takes an unexpected turn. Perhaps an increase to over £50k (and therefore allocation to the high court) would be an exceptional circumstance?

The issue is that raised at 11.36 below re deliberate actions and one which a firm’s PII insurers may need to prepare for, as the prior firm’s actions would have limited the litigant’s ability to recover their costs.

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