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Complexity is enticing and even essential for Nicholas Bennett, who specialises in cases involving companies, trusts and tough jurisdiction battles. Privacy is also often a concern for his clients. ‘Most judges agree that these are essentially private matters,’ he says, ‘but Mr Justice Holman takes a different view – he believes in justice being seen to be done.’
The lack of consistency means ‘we can’t properly advise clients about the risks of the process. Open justice is a fine principle, but I’m not sure it really works in this context.’
He adds that the courts are truly ‘in crisis’, so the very wealthy often want to ‘bypass the system completely’ through arbitration.