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If you allow two levels of appeal, and you permit the engagement of counsel, and you give people their head in fighting cases, you will get this absurd kind of result. There may be a perfect result for the legal system, with lots of facinating law to be reported, but the outcome is a disgrace. The best is the enemy of the good.
Instead we should have an equivalent to the Magistrates Court, with cases being decided in a day - rough and ready justice. We can't afford anything like this level of costs in cases of this kind.
It's interesting that complex cases cases were disposed of in a couple of days in Victorian times and judges delivered lucid and very short judgments. The fact that two benches of highly qualified judges disagreed in this case indicates to me that a group of magistrates would do just as well