Resistance to change is simply not sustainable John Sturrock

almost 2 years in TheScotsman

I was interested to read Andrew Stevenson’s article in these pages (9 October) in which he raised concerns about proposed changes to court rules and, in particular, the apparent erosion of “the principle that litigation in Scotland is adversarial.” He comments that “case flow management has been infiltrating the courts” for 20 years, introducing “pro-active control by the judge or sheriff, at odds with conventional adversarial procedure in which the pace and presentation of litigation was almost entirely driven by agents or counsel”.

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