Keeping it CleanI take exception to the conclusions of Patrick Gall and Simon Eliot in their article suggesting that the decision in Metcalf v Mardell and Others is a blow to those who thought the Human Rights Act was going to introduce fundamental principles of fairness and that legal advisers would be discouraged from fearless pursuit of allegations of fraudulent or dishonourable conduct.

(see [2001] Gazette, 1 February, 40)The decision of the Court of Appeal I consider to be right.

Unlike criminal proceedings, in civil proceedings a defendant, if he is to succeed, has no right of silence, and of course the burden of proof is not the same.

All too often solicitors in particular - and to a lesser extent counsel - in correspondence on behalf of lending institutions and disgruntled clients making complaints against other solicitors, make allegations of dishonesty in civil proceedings.

The words fraud, theft, conspiracy, are highly emotive and cause untold distress, annoyance and grief to the recipients of such correspondence.

If repeated in the form of pleadings and process they cause even more distress, grief and annoyance.The mere fact that a client has instructed solicitors or in turn counsel of his suspicions and feelings - even if justified - does not entitle the use of such violent language in correspondence or pleading unless there is strong supporting evidence of dishonest wrongdoing with the clear and unequivocal implication that such emotive language is only being used on the basis that there is cogent and compelling evidence to support such accusations.Advisers should not be discouraged from the fearless pursuit of allegations of fraudulent or dishonourable conduct, provided that they are acting fairly and reasonably in the making of such allegations upon the availability of cogent evidence.The Human Rights Act also extends to those against whom such allegations are directed.

For them the trauma is great and the consequences potentially devastating.Timothy Harrison, William Hicks & Partners, Bradford