Eevry time I hear this phrase "go nuclear" I am reminded of a meeting I went to with my partner about 20 years ago. We were in a serious legal dispute with some guys who were trying to take control of the shares of our company. We were in this meeting with a solicitor at Eversheds, a serious big hitter, and were talking about something like if they decided to withdraw cash without our consent or similar.
Anyway my partner confidently stated "If they do that we'll throw the book at them" and this solictor just casually but pointedly asked "What book?". She had no response.
I think this "go nuclear" phrase is the same: baseless bluster. There is no "nuclear".
There’s lots of hyperbole flying round which I agree doesn’t really reflect what happens during litigation in the real world.
However, some of the hyperbole has a root of truth in it. Obviously “going nuclear” isn’t a legal mechanism, but there absolutely are different tactics at client/legal rep disposal depending on the situation.
It will always be a balanced, considered approach based on facts / intended results, but if City got to the point where being ultra aggressive is the best course of action then they would absolutely do that.
But from my experience, aggressive approaches during initial litigation/dialogue don’t serve you too well when you actually get to the hearing.