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The view from the bench (III)

13 February 2015 / Elizabeth Metliss
Issue: 7640 / Categories: Features , In Court
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Elizabeth Metliss considers the judicial view of law firms

This is the final piece in a series of three articles discussing views expressed by Mr Justice Burton at a recent event at Mishcon de Reya’s offices and views of other members of the judiciary as outlined in reported cases (see “The view from the bench” 164 NLJ 7633, p 18 and “The view from the bench (II) NLJ, 16 January 2015, p 18). The first article outlined how the judiciary views aggressive inter partes correspondence, the second examined judicial attitudes towards witness statements and this article will explore what may make a law firm stand out in the eyes of a judge during the course of any given set of proceedings.

Litigation drivers

There are many drivers in litigation which impact on lawyers’ behaviour. Solicitors need to think about the facts surrounding the dispute and the strength of their client’s claim, the right strategy in terms of engaging with the other side and how to enforce any judgment,

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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