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4 - Truth Finding and the Mirage of Inquisitorial Process
from Part II - Convergences between Systems
- By Adrian A. S. Zuckerman
Edited by Jordi Ferrer Beltrán, Carmen Vázquez
Book:

Evidential Legal Reasoning

Published online:

05 May 2022

Print publication:

19 May 2022, pp 71-83
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Summary

My argument is that it is impossible for a judge to both provide unrepresented and poorly qualified litigants with meaningful legal assistance while at the same time avoiding impartiality. The English system of civil justice offers poor access to litigants of limited means. This has been the case for a long time, but the problem has become even more serious since the abolition of legal aid in civil cases and there it is now urgent to address it. The strategy that seems to appeal to the legislator favours procedures that can be conducted without the involvement of professional advocates, of inquisitorial proceedings. This strategy is misconceived. While there is much to be said for simplifying the litigation system through use of technology, online resources and other labour-saving measures, there is no substitute for adversarial process.