5
outcome might be); but, if hundreds of popular narratives, from jokes through films to
three-volume novels, can be taken as a guide to popular opinion, they find legal
proceedings incomprehensibly slow, over-concerned with due process, ignorant of
Occams razor that is, never cutting to the chase and always in danger of
collapsing into a self-serving desire to elaborate irrelevancies and maximise fees
rather than keep the focus on the ultimate goal.
The futility and self-perpetuating nature of some litigation was viciously satirised by
Charles Dickens in Bleak House. In referring to a case in the Chancery Division of
the Courts in London called Jarndyce v Jarndyce (fictional, but possibly not too far
from at least one notorious case of the time concerning trusts and estates)4, Dickens
wrote:5
Jarndyce and Jarndyce drones on. This scarecrow of a suit has,
in course of time, become so complicated that no man alive
knows what it means. The parties to it understand it least, but it
has been observed that no two Chancery lawyers can talk about
it for five minutes without coming to a total disagreement as to
all the premises. Innumerable children have been born into the
cause; innumerable young people have married into it;
innumerable old people have died out of it. Scores of persons
have deliriously found themselves made parties in Jarndyce and
Jarndyce without knowing how or why; whole families have
inherited legendary hatreds with the suit. The little plaintiff or
defendant who was promised a new rocking-horse when
Jarndyce and Jarndyce should be settled has grown up,
possessed himself of a real horse, and trotted away into the other
world. Fair wards of court have faded into mothers and
grandmothers; a long procession of Chancellors has come in and
gone out; the legion of bills in the suit have been transformed
into mere bills of mortality; there are not three Jarndyces left
upon the earth perhaps since old Tom Jarndyce in despair blew
his brains out at a coffee-house in Chancery Lane; but Jarndyce
and Jarndyce still drags its dreary length before the court,
perennially hopeless.
Jarndyce and Jarndyce has passed into a joke.
All institutions that seek to involve members of the public in issues of law and justice
must face the publics scepticism and distrust, not of the law itself, but of the kinds of
obfuscating processes which authors from Dickens through Kafka to our own times
4
The fictional case is reputed to be loosely based on Re Jennens, Willis v Earl of Howe (1880) 50
LJ Ch 4: see Hurst, G. (1949) Lincolns Inn Essays, Constable & Co Ltd at p 116-118.
5
At p20.