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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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