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25 October 2013 / Mair Coombes Davies
Issue: 7581 / Categories: Features , Property , ADR
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A fresh approach

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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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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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