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Old 27th April 2001 | 16:28
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Jetdriver
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Unhappy

I very much agree with my learned friend Ghengis the Engineer.

In the last 10 years I have brought two civil actions in the High Court. The first case started in the County court but went to the Court of appeal. The second was started in the QBD of the High Court. Although both actions were "successful", the costs involved were enormous. In the latter case well in excess of £250,000. Given the time and stress involved, I would never encourage anybody to embark on a course of litigation without seriously considering the consequences. Sometimes there are times in your life it is just unavoidable.

One thing I have always been impressed with is the ability and quality of Judges. Even when judgments have caused us additional problems the ability of Judges to listen to a reasonably articulate claimant ( or defendant) is impressive. It is a shame that the same is not so true of Solicitors and Counsel !

Judgments are nearly always based on precedent and Judges will (in my experience) listen very carefully to legal arguement, since this is usually based on precedent. I am sure that if they did not their judgments would be subject to reversal on appeal.

The jury system is certainly not perfect, but the arguement is that is the best of the worst remedies available.

It is true and indeed unfair that Litigation is perhaps the biggest Poker game in town. You need a strong wallet and even stronger nerves. It will take years to resolve, and your opponent will be probably have every advantage. I take exception to the posts that suggest "everyone sues at the drop of a hat". People don't ! It is a good emotive myth proffered by those who are advantaged by such suggestions.

No right thinking person goes to Court unless they feel compelled to and have the stomach for it. I have a good deal of sympathy with anybody who finds themselves in this position.