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Before 1998 we had a system of litigation by which one shot from the hip. That either produced a negotiated settlement or the defendant could grind it into the sand:

"it was agreed that Jack and Jill would climb the hill to fetch a pail of water"

"Of 'it was agreed' please state whether it was agreed orally or writing. If it was agreed in writing, please provide a copy of the document or documents containing the agreement and please state or what date or dates the document or documents were entered into. If it was agreed orally please state when and where it was agreed, the identiity of each of the participants taking part in the meeting and whom (if anyone) each participant represented. Please state the full terms of the agreement. Please state what was said by way of agreement by each of the participants taking part in tthe aforesaid meeting."

There weren't many cases that went to trial. Indeed there weren't many cases which ever reached a summons for directions. Most plaintiffs gave up.