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Thanks for that Anon 12.28. Do you think a combination would work with a US style contingency fee system, but with a right on either side to apply to the court for an order, on showing good reason, why the present system should replace it? We could at least try that for, say, one year for cases being started after 1/1/2016 and see what happens.

At present we seem to have created a system which no one likes but which, like democracy, we stick with just because no one has come up with anything better.

At least we have started a bit of a debate which cannot do any harm in itself and no one can accuse us of complacency.