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Another way

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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