Know Your Rights - Disarray - Part 2

According to Lord Neuberger, former President of the UK Supreme Court, the whole area of Tort law is affected by "a notable degree of disarray and a marked lack of reliable principle." This means that the law in this area lacks certainty and predictability. This leads to a proliferation of appeals, which has serious cost implications, as the loser at the last appeal has to pay the winner's costs all the way up and all the way down, even if this ultimate loser won the first two of the three rounds. But why is the law in disarray? Because Parliament has not done its job of legislating on basic law for the guidance of the courts. There is a shortage of consolidated laws and very little codification. This leaves a vacuum into which unelected judges are forced to step. It's not their fault but the fault of Parliament (and therefore in the reality of the Government), because under the British Constitution Parliament is sovereign.