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I actually like the CPR. Yes it promotes front-loading except that now, really, for the vast majority of cases it doesn't. Why front load for a protocol case when it costs to do the work that you won't get paid for?

And for the rest of the cases well you have a codified set of rules that tell you what to do in certain situations. Yes this means front-loading but the reality is that you're following steps that you'd have to take in order for a case to be settled or at court - you HAVE to do these things anyway.

There are two issues. The first is that the CPR are a set of rules overlying centuries of development of the law. Without a knowledge of the underlying law the CPR are worthless.

The second is the imperfect drafting. This means costs wars, disputes over terminology and lots of satellite litigation.

Ah, a third problem. Meddling.

For all that they are there and in the majority of cases they work. Leave it alone and let LIPs figure it out. If they want to do something on the cheap or free then that's fine and they can put the effort in.

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