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E4. Some conclusions drawn from the Appendix C figures

124. The figures for 1998, 1999 and 2000 do not indicate that the system as a whole is "in crisis" due to delays. However, considerable room clearly exists for reducing the overall duration of contested cases and for cutting down unduly long waiting-times in some procedural pockets. It is especially evident that interlocutory applications may lead to very considerable delays.
125. Looking at some of the other aspects of the picture revealed in the figures, it is notable that a high level of cases which eventually settle do not do so until the very last moment. This implies that many cases settle after the parties have probably incurred full, but ultimately unnecessary, trial preparation costs. Scope therefore clearly exists to encourage earlier settlement and the avoidance of such costs. It is difficult to say whether trial durations can be cut down, but a 3 day median appears to suggest room for manoeuvre. There is certainly much room for improvement in relation to trial duration estimates.

 



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