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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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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