High-profile criminal climate-related cases dominate media coverage. But everyday judicial practice gets less visibility, even though civil cases make up the bulk of legal practice. ‘Many people are unaware of this,’ says Doornbos. ‘Civil cases can, for example, involve complex employment disputes, personal injury claims or disputes between businesses. Cases concerning unpaid invoices or tenancy disputes are often not legally complex, but they can be from a human perspective. A defendant, for instance, may find themselves out on the street if a property has to be vacated.’
Why is it important to understand the culture of court proceedings?
‘It is important for people seeking justice that they are given a fair opportunity to tell their side of the story. It is also important for the acceptance and legitimacy of the judicial system that the parties to the proceedings feel they have been heard and were treated fairly. Judges can do their utmost to give the parties space to present their cases and respond to one another. But judges have few procedural rules on how to interact with people in the courtroom. They have a great deal of discretion in this regard.’