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I am afraid that he is right, but for all the wrong reasons. There are too many people pursuing too many claims, and the system is bust. In many cases the facts are generic, and yet laws are framed by reference to principles, not , as in Code Napoleon jurisdictions, generic fact situations. Our legal heritage has bequeathed to today's lawyers a Rolls Royce, but most litigant just want a seat in the bus. There will always be sharp minded people to help those in the bus to make their claims. There will also be a smaller number of clever people (there is a distinction) to help those who both need it and can afford it to pursue or defend more complex claims. What we need to do is recognise this and create a system that can accommodate it. Frankly, the sooner we stop pretending to be a social service the sooner we can start to deal with reality.

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