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13 July 2011
Issue: 7474 / Categories: Legal News
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Commercial litigants avoid court

Companies embroiled in “recession” disputes are increasingly turning to alternative methods
of resolution

According to City law firm Reynolds Porter Chamberlain, the number of commercial cases launched in the High Court fell by almost a third, from 68,084 in 2009 to 47,884 in 2010.

However, the firm says this fall masks the real number of disputes, which are increasingly being resolved through arbitration and mediation.

Geraldine Elliott, a commercial disputes partner at Reynolds Porter Chamberlain, said “a lot of hard fought commercial disputes are taking place that will never end up in court.

“The effects of the international financial meltdown and recession are still being felt in widespread, high-value disputes between businesses,” she said.

“If anything, more businesses were working through claims stemming from the credit crunch
last year than in 2009.

Some institutions are making the commercial decision to settle early at a discount and on a strictly confidential basis—those types of disputes never reach the light of day.”

Issue: 7474 / Categories: Legal News
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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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