Getting Away on Technicalities: Making Sense of the Justice/Injustice of Procedural Rules

The very function of procedural rules is as convoluted as the legal profession itself; strict adherence to the rules without exception is justified as a “must-have” to ensure that “justice must be seen to be done”. To the non-lawyer, these are technicalities which can be twisted into loopholes which allow wrongdoers to avoid paying for their sins. Submit the wrong form to apply for a claim, and your case gets struck out. Sue the wrong representative, and have your case thrown out the court window, or in more formal language, “dismissed with costs”.

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