Suggestion for the law: 'Merit based judgement'.

24 December 2022

Mark McIlroy



A traditional legal judgement is absolute. In a civil case if one party has 51% of the arguments and the other has 49% of the arguments then the party with 51% of the arguments is awarded the entire amount under dispute.

This is unfair, and also means that innocent parties may not go to court because the potential loss is too great.

In cases where the arguments are overwhelmingly in favour of one party then a traditional judgement should be awarded.

This suggestion is for a new type of judgement for civil cases.

A 'Merit Based Judgement' should be able to recognise the arguments of each party and split the amount under dispute in proportion to the arguments.

This would be a much fairer system and would also drastically lower the risk of going to court.