ABSTRACT

If you ask practitioners what is wrong with the system, some will say, ‘it’s the judges’, while, if you listen to some judges, they will criticise the profession. A retired judge of my acquaintance maintains that my present enterprise is hopeless because of the incompetence generally of judges. My view is that it is the system which is mainly responsible but there is some truth in both the first mentioned assertions. Neither side is noted for its ready acceptance of proposals for reform no matter how well supported:

I have already indicated ways in which the judges, individually and collectively, contribute unnecessarily to costs and delay, but there are further matters to discuss.