In his thought-provoking article in the latest edition of Funding in Focus, Sir Bernard Eder offers a number of observations on developments in the litigation process since he was called to the Bar in the early 1970s – some welcome and some less so. As guidance from a recently retired Commercial Court judge, his views will one hopes be taken on board by practitioners.
Sir Bernard’s thoughts led me to think about the ingenuity of lawyers. How many of the developments he identified were really the product of lawyers thinking up ever more inventive ways of gaming the system, with the rules playing catch-up? After all, lawyers are paid to construct arguments that get round legal obstacles, so why shouldn’t they use their skills to get round procedural ones as well?
