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06 June 2014 / David Greene
Issue: 7609 / Categories: Opinion
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Lessons from abroad

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David Greene ponders the benefits of adopting a less adversarial & more international approach to litigation

As I write this I am heading down to East Africa where I have worked for many years. This work has included advising on civil justice and human rights issues in jurisdictions following common law and civil law in both the French and Dutch/Roman tradition. I have also worked in the courts of many jurisdictions over the years and have had the opportunity to see both systems in operation.

While in Rwanda I am attending a conference at the Kigali International Arbitration Centre and discussing the different approaches of the common law and civil law to arbitration. Kigali is a prescient place to have the debate since it has until recently followed the civil law but, for political and other reasons, is now switching to common law.

Lawyers from the two traditions can be defensive of their own particular process for adjudicative dispute resolution. Domestically this is reflected by some judges who, while in the EU they were able

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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