header-logo header-logo

Follow the (ADR) crowd

31 July 2009 / James Pirrie
Issue: 7380 / Categories: Features , Family , ADR
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll