Litigation - discouraged and constrained by rules of court
Litigation consumes public resource. It is both discouraged and constrained by rules of court, on the basis that it should be a last resort, avoided where possible. That is particularly relevant to contract disputes within families: litigation is costly, adversarial and delivers binary outcomes on limited issues, so is likely to solidify rather than dissolve the grievance and controversy of long-standing personal quarrels. The rules of litigation justice, and the discretions judges can and must exercise in the interests of fairness to both sides, and in the public interest, will in those circumstances produce results that a disappointed party may find very hard to come to terms with.
Shah v Shah  EWHC 1668 (QB), para 65