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Anon at 5.49, it isn't that they don't want to (no one ever does, do they) but they can't afford to. When I was lecturing round the country I often asked the lawyers attending whether any of them could afford the rates they charged. No once did anyone claim they could. Litigation has become ridiculously expensive during my professional lifetime and the cause is not the greed of the lawyers. It is almost entirely due to judicial decisions like this one. The judges wanted a perfect system where everything was accounted for and where a failure to make a record was all it took to be found negligent, so we lawyers developed systems to ensure we were as protected as possible, all rightly at the expense of the client. The judges also wanted to control the minutiae of litigation and developed their own systems to ensure that happened, all at the expense of the client. Now no one can afford lawyers and the judges are flummoxed.