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A fresh approach

25 October 2013 / Mair Coombes Davies
Issue: 7581 / Categories: Features , Property , ADR
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ADR in property disputes is a new way to solve an old problem proposes Mair Coombes Davies

There is nothing quite like an argument over who owns the last 6 inches of land to bring out the fighting spirit. It and other property disputes have tested the skills of some of the most astute minds in law and arbitration.

For example, in 1559 Sir Robert Dudley and Sir William Cordell, Master of the Rolls, were appointed by the court to arbitrate between three heiresses to Edward Griffith’s landed estate in Caernarfonshire and Anglesey and the male heir in a dispute which had festered for some six years (“Disputes and settlements in Medieval Wales: the role of Arbitration”, English Historical Review No.CCCCXXI October 1991). However, by 7 December 1559 the parties had entered into recognisances binding themselves to “stande, to obey and bide the awarde, order, judgement and dome” of the two arbitrators. Despite their efforts towards “a loving and friendly end”, the arbitrators found the disputants “so precisely addicted and bent to their

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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