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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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