header-logo header-logo

25 October 2013 / Mair Coombes Davies
Issue: 7581 / Categories: Features , Property , ADR
printer mail-detail

A fresh approach

istock_000013546128medium

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

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

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll