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05 December 2014 / Elizabeth Metliss
Issue: 7633 / Categories: Features , In Court
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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

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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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