“Many critics believe that the adversarial system has run into the sands in that today delay and costs are too often disproportionate to the difficulty of the issue and the amount at stake. The solution now being followed to that problem requires a more interventionist judiciary, the judge as trial manager. It seems to me important that a judge so acting should be given proper freedom by this Court in which to exercise the powers contained in the practice direction and that the margin of appreciation allowed to him in the exercise of his discretion should be generous.” Henry LJ in Thermaware v Linton & others (Lexis Transcript 17th October 1995,)
QOTD
