header-logo header-logo

05 December 2014 / Elizabeth Metliss
Issue: 7633 / Categories: Features , In Court
printer mail-detail

The view from the bench

elizabeth-metliss

In the first in a series of articles, Elizabeth Metliss considers the judicial view of aggressive correspondence

Mr Justice Burton recently came to Mishcon de Reya’s offices to give an insight into “the view from the bench”—how judges view various aspects of the litigation process, and in particular, how they view the conduct and practices of law firms in this context. This article, the first of a series of three, outlines how Burton J and his contemporaries from the judiciary view three issues—issues which litigators have to deal with on a day-to-day basis when running cases for their clients.

Taking a hard line

This first piece addresses how judges perceive correspondence, particularly aggressive correspondence, between law firms. As litigators, we use correspondence to set out our client’s position to the other side. Correspondence can relate to procedural issues and often deals with differences in factual accounts and points of law; it can be used to undermine the other side’s position, sometimes in an aggressive, accusatory way, and/or to show that your client is adopting a more reasonable approach. This all rests against

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll