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In the end the courts will ahve to reassert the primacy of doing justice in the individual case - if not the Court of Appeal then the Supreme Court. The alternative is wholly illogical. The purpose of the civil courts is to resolve disputes between people in a just way. That purpose requires that each case is considered on its merits. If Jackson/Mitchell come to dominate the purpose of the courts would seem to become merely the preservation of judicial employment, hardly an edifying thought.