ABSTRACT
Several reports in the last 30 years have identified that the common law adversary system is too expensive and too slow. It is not providing an effective rule of law. Our system has perverse cost incentives that drive this inefficiency and pre-trial processes that are designed to prepare for trial when most cases resolve without a trial. The article discusses ways to improve the system. Better ways to calculate legal costs that are paid to the successful party are discussed. Earlier disclosure of evidence to the trial judge or magistrate should empower them to exercise more control over the fact-finding process. Parties should disclose how much they are claiming for damages rather than using filed offers to obtain indemnity cost orders. The primary reason for seeking a judgment is to be paid and a way to improve enforcement of judgment debts is discussed.
Cannon, Andrew James, There Is No Rule of Law When You Cannot Afford It (September 1, 2025), Journal of Judicial Administration (2025) volume 34 no 3 at pp 101-110 (Thomson Reuters).
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