Exploring the Adversarial System of Justice: A Case Study of Ali v Ismet Dinc and another [2022] EWCA Civ 34
In a recent case, Ali v Ismet Dinc and another [2022] EWCA Civ 34, the issue of the adversarial system of justice versus the inquisitorial system was brought to light. The defendants argued that the judge at first instance had crossed the line between the two systems by deciding the case based on an arrangement that the claimant had not pleaded and had expressly rejected in cross-examination.
The significance of the adversarial approach was highlighted in previous cases such as Al-Medenni v Mars [2005] EWCA Civ 1041 and Sainsbury’s Supermarkets Ltd v MasterCard Inc [2020] UKSC 24. These cases emphasized the importance of parties clearly identifying the issues in litigation and the judge adjudicating on those issues alone, rather than delving into unpleaded theories or arguments.
In Ali v Ismet, Birss LJ rejected the defendants’ appeal, emphasizing the three-stage approach of identifying the parties’ cases, comparing them to the judge’s decision, and assessing any prejudice caused to the unsuccessful party. The judge’s conclusions were found to be within the scope of the pleadings and evidence presented at trial, and the defendants were not considered to have been ambushed or precluded from presenting their case.
This case serves as a reminder of the essential functions and approach judges are expected to take within the adversarial legal system. While parties must carefully plead the facts they intend to rely on, the court may take a pragmatic approach in line with the overriding objective of doing justice. The fundamental question remains whether any deviation from the pleadings results in prejudice to the unsuccessful party, ultimately guiding the court’s decision-making process.
The case of Ali v Ismet sheds light on the delicate balance between the adversarial and inquisitorial systems of justice, emphasizing the need for parties to adhere to the rules of pleading while allowing for flexibility in the pursuit of justice.
