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22 February 2018 / Richard Harrison
Issue: 7782 / Categories: Features , Profession
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Hamilton for lawyers #2

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Richard Harrison returns with Ten DR Commandments inspired by the 2018 Olivier award winner Hamilton

Previously in this journal I wrote an article inspired by Lin-Manuel Miranda’s celebrated musical Hamilton. It looked at the legal career of Alexander Hamilton and some of the lessons, including mediation skills, to be learned from the negotiation of the 1790 Compromise which led to Washington DC becoming the US capital.

One of the main, and tragic, themes of the show is the culture and consequences of the duelling code prevalent in the late 18th and early 19th centuries. Litigation is nowadays one of the main substitutes for the duel and the elaborate code of challenge, compromise and mediation is now used to deal with legal problems. As is made clear in the song ‘Ten Duel Commandments’: ‘ Most disputes die and no one shoots ’.

And given that the song is highly catchy, I had a think about it in the context of ‘Ten DR (dispute resolution) Commandments’.

The first step in any dispute resolution procedure is to identify

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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