The collateral attack doctrine ([name withheld] v [name withheld]) does not prevent solicitors who were not parties to the substantive proceeding from adducing evidence in a costs application that goes to their state of mind and honest belief, even if it touches on intermediate findings in the earlier proceeding, provided it does not challenge the ultimate findings. There is no blanket prohibition on solicitors interviewing prospective defendants; the propriety of such conduct depends on the circumstances.
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