One is law lords down in London coming to inexplicable conclusions - with detailed reasoning that doesn't match the outcome, or follow statute (thought they weren't supposed just to make it up!). It makes it hard to know the law and predict an outcome.
The other can be blamed squarely on lawyers who don't consider the issues, prepare properly, or have poor advocacy. There will be a decision or an award that is out of line with what the client should have expected.
The upshot is that it makes it everybody else's job much harder! Bad lawyers mean bad precedents for their colleagues later on. It also means you have a responsibility to do your own job properly or you risk messing things up for everybody else!
By the way... got to say that as far as I know most decisions are pretty sound, but it's the strange ones that catch you out.
ReplyDeleteIncidentally, for those wondering why I'm picking on the House of Lords, it's not because decisions in Scotland are any more predictable or any better, it's just because if it's a decision of the lower courts it's much easier to appeal!