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ARTICLE · 23 APRIL 2013

Insurance And Reinsurance Weekly Update - 13 April 2013

A discussion on a recent case which involved an appeal from a first instance decision on the basis of alleged procedural impropriety.

United KingdomInsurance

Wright v Michael Wright

Litigants in person and the court's encouragement for mediation

http://www.bailii.org/ew/cases/EWCA/Civ/2013/234.html

This case involved an appeal from a first instance decision on the basis of alleged procedural impropriety. Sir Alan Ward took the opportunity to make two general points though:

(1) The courts are facing increasing difficulties in dealing with litigants in person. Judges must try to "bring order to the chaos which litigants in person invariably - and wholly understandably - manage to create", without having to "micro-manage cases, coaxing and cajoling the parties to focus on the issues that need to be resolved". He commented that: "It may be saving the Legal Services Commission which no longer offers legal aid for this kind of litigation but saving expenditure in one public department in this instance simply increases it in the courts".

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