Lord Sumption:

I think all European countries have allowed access to the courts. I am not conscious that this has been a problem. Given different national systems of law it is probably difficult to co-ordinate exactly, bearing in mind that judges are independent and form their own views. Of course we can harmonise the law, and there may be some scope for that, but we are never going to remove entirely the element of discretion that may be necessary to provide for problems specific to a particular territory.