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06 November 2008
Issue: 7344 / Categories: Opinion , Profession
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Another way

Mediation provides an alternative remedy for mounting credit crunch claims, says Matthew Greenberg

If court activity is a barometer of the economic climate then life out there is somewhat rosy. In September, the Ministry of Justice (MoJ) published its court statistics for 2007. The Chancery and Queen’s Bench divisions of the High Court have seen a very modest increase in overall claims, and bankruptcy petitions have dropped by 8%. The number of cases brought in these courts is dwarfed by those started in the county courts. The county courts issued over 2m non-family claims in 2007. The number of these cases has dropped by 8% from the previous year.

Global problem
But, needless to say, global economics are not rosy, and these statistics arguably reflect a happier climate in 2007. In the last few weeks and months, we have seen some of the most dramatic events in economies both here and abroad (particularly in the United States), and time will tell how these events will unfold.

The experience of the Americans may provide a clue. There is evidence

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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