UK: Lawyers’ aggression ‘like going back to the 1980s’, says judge

UK Law Society Gazette

High Court judge has been highly critical of a legal team for adopting an overly-aggressive approach and said lawyers bore the main responsibility for the destruction of relevant records.

His Honour Paul Matthews began his judgment in Car-Wizard Ltd v Vixen Surface Treatments Ltd by expressing his regret that at every stage in the litigation there had been so little co-operation between the parties.

The commercial dispute between a small vehicle repair business and supplier featuring representation on both sides by experienced solicitors and counsel.

Matthews said: ‘The result has been a longer drawn-out, far more aggressive and certainly more expensive lawyer-led dispute resolution process than I have experienced for a long time. It has been like going back in time to when I first started in practice in the 1980s. This is highly regrettable, particularly in these days when judicial resources are scarce, and the emphasis must be on the efficient resolution of disputes.’

The judge recorded that the main responsibility for this lay with the defendant and its legal team. National firm Knights had acted for the defendant.