Many cases in our courts are conducted with great efficiency. They are usually conducted by experienced and well prepared practitioners before experienced judges who are prepared to take an active role in the management of the trial. The informal approach has, it is said in some jurisdictions, succeeded. Remove any one of those components and nothing will be achieved. A client bent upon wreaking havoc in the trial, can.
Some counsel are either unable or unwilling to limit the issues.
Much will depend upon the level of prosecution disclosure and the competence and confidence of defence counsel. In the case of legally aided matters even where counsel are sufficiently competent, nothing will be achieved unless counsel are well prepared. This in turn depends in most cases on the level of funding and court listing procedures. Most counsel who are competent and well briefed will see it in the interests of their client to run efficient and relevant defences. They will identify the issues in dispute and facilitate the proofs of all other issues.