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31 July 2009 / James Pirrie
Issue: 7380 / Categories: Features , Family , ADR
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Follow the (ADR) crowd

Global meltdown presents practitioners with a great opportunity for ADR, says James Pirrie

Practitioners are caught in a conundrum. How can we drive towards a clean break by capitalising maintenance when we don’t know if clients will have a job in a year’s time, let alone the bonus that used to make up so substantial a part of the fmaily’s income?

Even if we pass this hurdle, then the Duxbury assumptions—even as updated—seem a crude structure for long-term prediction in the light of recent fluctuations.

For most people “separation” means disposing of assets to fund different lives going forward. However, in the current climate, disposal is difficult to achieve—family homes won’t sell, clients are reluctant to sell share-holdings that they insist are below their true value—holiday homes may be unsellable at any figure.

Even if clients are prepared to borrow to move things forward, the funding is unlikely to be provided in the sort of amounts needed.

Three-stage separation

What has happened in consequence is that a new chapter of separation has

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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