In this Hobart Paper, Professors Brian Main and Sir Alan Peacock - two distinguished economists with interests in legal issues - use economic principles to great effect in exploring the efficiency of the civil justice system and ways in which a more innovative regime might be introduced.
In Britain the costs of justice - to taxpayers and litigants - have been rising faster than GDP.
For efficiency reasons and to encourage innovation, reform is required and some action is already underway.
But reform is complicated because 'justice' is a complex product - bought on 'trust' by many consumers and with precedent and spillover effects.
Some good ideas for reform are already in circulation. But there is a case for experimentation rather than trying to work out in advance which ideas should be implemented.
Market forces should have a bigger role in the civil justice system and there should be more competition in the provision of dispute resolution services.
Probable features of a reformed judicial system would be competitive tendering, bett