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23 February 2018 / Khawar Qureshi KC
Issue: 7782 / Categories: Features , Profession
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Smear tactics— a sign of the times?

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Smears, complaints, abuse…it seems all’s fair in love, war & litigation, but where will it all end, asks Khawar Qureshi QC

It is perhaps evidence of ageing that almost all of us will say at some point in our lives, ‘it was better in the past’. However, anecdotal evidence suggests the litigation arena is becoming increasingly aggressive, and more focus is being applied to ask—why is this happening?

Lest we assume this does not apply to the five-star, relatively relaxed and confidential environs of international arbitration we would soon be disabused of our naivety.

As soon as lawyers convince themselves that they are the living embodiment of Von Clausewitz’s ‘total war’ approach, there are no red lines, there is no trust and any means (however devious and foul) justify the end.

Why is this happening?

What are the causes of this change, which can only be detrimental in terms of the well-being of the system and the legal profession long term?

First, the increasingly competitive environment with highly demanding

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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