ABSTRACT

The vast majority of civil actions never reach the trial stage. This is due to many factors, but in particular it may be said without hesitation that the main purpose and effect of the new civil procedure regime is to dispose of cases before they reach trial, either by encouraging the parties to settle their dispute by mediation or other forms of alternative dispute resolution (ADR), or by the liberal use of summary judgment and default judgment procedures, and by striking out or discontinuance. The great advantage of disposing of a claim without a trial is, of course, the saving of the heavy costs associated with a trial, which will normally far exceed the costs of the interlocutory proceedings.