Like many of the legal fraternity I have spent this weekend reading the Secret Barrister's "Stories of the Law and how its Broken". The book is about criminal law and criminal procedure, however there is much for civil litigators to read and think about. Since there have been, and will be, numerou...
We discussed listing at some length on my table at the HMCTS “reform roadshow”. It seems that even judges see listing as something of a dark art. We agreed that some listing officers are clearly better than others, but we didn’t have much sense of what it is that makes a good one.
One point which came up was that barristers’ clerks (and the court clerks of large solicitors’ firms) often have personal relationships with listing officers (“we send Doug a bottle of claret at Christmas”) which allows them to get the listing tweaked to their convenience. That works well for them, but the system is hopelessly opaque to outsiders.
I also had a case at Cambridge Employment Tribunal which was due to start on a Monday but was adjourned (for 7 months!) on the Friday afternoon because no judge was available. I had already done the reading, for which I did not feel able to charge. On the plus side, at least we were told before the hearing started: I had a case at London Central where everyone turned up only to be told that the judge was only available for 2 days on a 4 day listing. After considering various options, it seemed the only workable solution was to adjourn and relist.
We can understand that these things happen (cases overrun, judges fall ill, etc) but as you say there is no apparent accountability and certainly no transparency for court users.