The point of Sir Geoffrey Nice, QC 's discussion has to do with the history and problems of the Common Law and the American systems of litigation and trial practice being systems founded on proof rather than truth, the rationale for which has been rendered moot, at least for the time being.
When I used to lecture on Eminent domain, this was one of my pet themes, illustrated by the anomalous circumstance that one could have adverse teams of lawyers and experts concocting cases neither of which bore very much, if any, actually, relation to reality, and in which the goal was not even a factual account at all, but rather one calculated to win against the equally fantastic opposing scenario.
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