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"The laws of competition and the market place seem to be helpless in resisting the rising tide of the cost of litigating. Many would-be litigants simply cannot afford to go to court." I would suggest that endless tinkering with the rules since 1999, introducing ever more requirements and tasks to be done, has been a significant cause of 'the rising tide of the cost of litigating.' Not clear why lawyers should be required to take on work that doesn't pay.

But there is a more serious point: there is a widespread belief that someone else is often to blame, and a claim exists. However, to fight the duff claims and gradually overturn the perception will take years and millions. It's perfectly rational for defendants (or their insurers) to settle dubious claims if their self interested view is that it is overall cheaper to do so than fight, with at the least a significant irrecoverable costs risk. It would of course help if politicians didn't bang on about there being a compensation culture.

And David Crawford is right: the rot started in 1974.