Having determined the nature of the test to be applied, the court addressed
the relevance of the advice received by the claimants from their solicitors as to the reasonableness of the decision to change methods of funding.
In this regard the court's attention was drawn to the case
of Sawar v Alam (2001) Times, 11 October, with the paying party submitting that the solicitor's
advice to the client (or lack thereof) was
of relevance to the reasonableness
of the funding switch, and the
receiving party arguing that the
advice was irrelevant to the objective analysis to be conducted.