“Under the still claimant-friendly CFA costs regime, a claimant who has a weak claim against a professional still stands a good chance of recovery if the case is well managed: follow the Protocol; keep costs down; then offer mediation pre-issue with the threat of an ATE if there is no settlement. In this frequent scenario it takes a tough insurer to withstand the pressure to pay some of its notional defence costs to the claimant just to make the case go away.”
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Hardwicke Chambers, 28th June 2012
Source: www.hardwicke.co.uk