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Litigation strategy: options for the defendant

Last time we looked at the strategic challenges that face the claimant, and how these have become more acute in light of the novel legal and factual issues created by the current economic climate. This month we focus on the role of the defendant and the challenges and opportunities that it faces. Certain of those will be identical for both claimant and defendant: issues such as the approach to settlement discussions and the need to handle the public relations angle of being involved in a claim raise similar questions for both parties. In other areas, though, the defendant has a different perspective to that of the claimant.

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