However, that concern resulted in dialogue on the issue, from which came the proposal that the 25 per cent reduction should apply, but with an exception for cases where it would be “manifestly and materially unfair”.We previously expressed concerns that such an exception could open the door to further delay in court, due to routine challenges to the 25 per cent figure, but we have been reassured by the minister that the term “manifestly and materially unfair” sets a high enough bar, ensuring that such cases will be exceptional.