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Less adversarial? Civil litigation is inherently adversarial. The Court of Appeal seems unaware of this. You only cooperate with the other side if it is in your client's interests to do s or if you think you will be caned for not doing so. Like it or not, ltigation is a battle, not a project where everyone works towards the same result..

"Substantive justice on the merits of a case still has a place in the English legal system?" I should bloody well hope so.