Introduction

English law has long been a source of fascination for German lawyers. In particular, the English procedural rules and the style of judgments which result are still marvelled at today. On the other hand, foreign criticism of the litigation process in England is not unheard of (to use an English understatement, perhaps); for example, the well-known complaint about the high costs of litigation in comparison with the civil law parts of Europe (anyone who has had the misfortune to be involved in litigation in that other common law country, Ireland, will know that even English litigation costs can seem reasonable when compared to the Dublin scales).

As the essential basis of comparison between legal systems, German comparative lawyers Zweigert and Kötz have relied on the notion of ‘the style’ of families of law. This ‘style’ can be found in literature, art, architecture, the conduct of a person (a person has ‘style’), and in people's individual and social environments. The behaviour of people is further reflected in their dealings and conduct before the court and in the legal process. Procedural law and especially litigation practice is an expression of the legal style of a country, it is a part of the social fabric of a society.