Report comment

Please fill in the form to report an unsuitable comment. Please state which comment is of concern and why. It will be sent to our moderator for review.

Comment

"The question which is impossible to answer in advance is whether the complicated rules of civil litigation have developed because they are necessary for justice, or useful for lining the pockets of lawyers." - actually the complicated rules have developed because we lawyers argue over everything and, as judges, we apply the same techniques to decisions that we apply to argument. Often decisions are based on the minutiae of a written text contained in legislation or previous judgments. The result is not only complexity but also, and quite often, absurdity. The rules of civil procedure can only be made simpler if there is a sea change in the way decisions based on them are arrived at. The risk that simpler rules will produce unfairness can't be greater than the present risk of unfairness arising from the current complex rules.

Your details

Cancel