Is this crazy or what

[McIvan]

A common thread with some of these, apart from the fire truck one, is that people actually settle out of court because the cost of settling is less than the cost of defending. The cost of defending an allegation, or bringing an allegation for a "small" amount, is a real problem....which is why many countries around the world now have small claims forums where lawyers aren't allowed and people argue their own cases. In NZ they are limited to a $10,000 dispute....but that leaves quite a range of cases in the $10k-25k bracket that aren't worth the cost of spending $10k on a trial lawyer for. What the solution is I don't quite know....because the small claims forums are notorious for giving bad decisions both on the law and on the facts due to a party's inability to present themselves well in court....not everyone is smart and articulate.

And then there really are the seemingly nonsensical decisions....sometimes the law just is an ass. I would like to see more of an inquisitorial judicial system where the judges actively try to find out the truth, rather than the present adversarial system where the lawyers fight each other and the judge just tries to maintain some order and rule only on the evidence presented. I would also like to see less hysterical damages decisions by juries (even if they aren't as common as some might think) and more evidence of personal responsibility for your own mistakes. There will be a backlash sooner or later and a better balance restored.

I hope.