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Talk of proportionality assumes that it is the lawyers who make the decisions in the conduct of litigation.. I'm not sure how that squares with the idea that our clients must be kept informed of all developments and that we must act for them and not for ourselves. The judge here could not possibly have been privy to the discussions between the wife and her solicitors so how is it at appropriate to make the comments he made? Is this another case of the judiciary wanting their cake and eating it?