Short of expectations

People sometimes complain that they are given the run-around by the insurers. In most cases, what the insurers offer may fall short of the expectations of the aggrieved party.

Where there has been a prosecution in court, the notes of evidence should be obtained where available. These would provide further evidence and assistance in the prosecution of a civil claim. Whether it has a positive or negative effect is a separate matter.

In the past, such matters might drag on in court for many years. In the end, many matters got settled because the other party had reached a stage where the matter could not be further delayed and the aggrieved party was also exhausted.

When this scenario is looked at, it is difficult to see how and where the law is at fault. The delay could be caused by delays encountered in obtaining the documents and the attitude of all parties involved.

Therefore, rather than change the system and the laws, it would be beneficial to take a critical examination of who was the cause of the delay, and why.

As the courts have begun to dispose of cases at a speed never seen before, delay by the courts is no longer a factor. If there are delays and difficulties in obtaining the documents, this can only be attributed to obstacles in the relevant departments.

All this leads to the conclusion that the administration of justice depends on the administrative machinery and not on laws alone.

This is well described by Warren E. Burger in an address to the American Bar Association: “Ideas, ideals and great conceptions are vital to a system of justice, but it must have, more than that – there must be delivery and execution. Concepts of justice must have hands and feet or they remain sterile abstractions. The hands and feet we need are efficient means and methods to carry out justice in every case in the shortest possible time and at the lowest possible costs”.