25 October, 2011
Filed UnderLegal Costs
Richard Langley, writing in the Solicitors Journal, commenting on costs management records:
Courts have always grappled with how to manage cases and had a variety of tools at their disposal for this purpose. In 1595, the Master of the Rolls decided in one chancery case that the pleading, at 120 pages long, was eight times longer than it needed to be. The remedy was to order that the pleader be brought into Westminster Hall at 10.00am the next Saturday, whereupon a hole be cut in the middle of the pleading so that it could be placed over the pleader’s head, who would then be led around “bare headed and bare faced” before being sent to the Fleet Prison until he had paid a £10 fine (Mylward v Weldon  EWHC Ch 1).
Something similar needed for prolix Points of Dispute and Replies?