Jacob Gifford Head
giffordhead.co.uk
Barrister & mediator. Things I like: legal history & legal oddities; music & musical instruments; Mesopotamian history; & Portuguese wine and Port. My professional website is: http://www.giffordhead.co.uk Please email rather than DM! Forgive typos.
👤 Joined on 21 September 2023
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- 21 Eyl 2023, 19:17
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@jacobgiffordhead.bsky.social - 10 Kas 2023, 05:32
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- 08 Eyl 2024, 12:45
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Front end costs loading depleting a litigant’s financial resources to fight thru to trial. You don’t need to pursuade me Jacob.
Show PostThe absurdly expensive process of ‘costs budgeting’ is a clear example. Another is the sanction for not engaging with ADR. (Nice scene in Sky’s tv divorce drama War’ about that. ) ‘We’re all going to pretend we want mediation, when no body does.’
Show PostThats why the focus is on avoiding wasting court resources not merely the prejudice to a specific case or litigant. Bigger picture factors bite eg effect on delays to other litigants. Various changes have, by design, discouraged resorting to litigation.
Show PostDenning once opined that the rules were the handmaidens of justice. But I agree with you that attitude has profoundly changed. Imo the rule changes are principally the product of an under resourced civil justice system.
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Opportunism in litigation can be “creative lawyering”, says judge zurl.co/6nLwa
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