In the case of Kazakhstan Kagazy & Ors v Zhunus, High Court judge Walker J provided some suggested universal guiding principles for those conducting litigation.
The overriding emphasis is on practitioners taking appropriate steps to conduct the debate in a way which will “lower the temperature rather than raise it”. He stated that it is “perfectly possible to be vigorous without being insulting”.
We are in the business of resolving disputes, sometimes by way of litigation and it does not assist, in pursuit of a resolution, to be insulting. As alternative ways of resolving disputes to litigation are becoming more and more popular it is becoming more valuable to clients that practitioners not only vigorously pursue their clients’ best interests but also do so in a way which lowers the temperature of the dispute. This will, overall, make a resolution and a positive outcome more likely and should also assist to keep the level of costs incurred down.