OPINION ON MITCHELL: ARTICLE IN PERSONAL INJURY FOCUS

5 Responses

1. 

   kerryunderwood · February 18, 2014 at 17:11:10 · →

   My blogs would be quite short if I cut out the opinions 🙂 Excellent piece Gordon.

   Kerry

2. 

   Paul Sachs · February 18, 2014 at 17:41:34 · →

   Very good point: “The tension that the courts face (although this is never made explicit) is that the parties do not actually want a trial.”

   Neither the claimant or defendant want to spend money preparing for trial when there is a hope for a settlement. As a result the time-frame for preparation of the bundle is often too short. Then we can add another tension that is not explicit: A good bundle is the result of a collaborative process, but this is typically not available between two hostile parties.

   These two built-in tensions are sufficient to produce rule breaches. We should encourage efficient and collaborative preparation.

3. 

   Richard Harrison · February 20, 2014 at 21:12:22 · →

   I think this should be required reading for the Civil Justice Council and the Rules Committee. They have requested submissions in early March and I hope they get a lot like this.

   1. 

      gexall · February 20, 2014 at 21:15:00 · →

      I am doing a submission along these lines. Are you?

4. 

   Richard Harrison · February 20, 2014 at 21:46:44 · →

   I am working on it. And will try not to plagiarise yours. 😉

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