header-logo header-logo

06 June 2014 / David Greene
Issue: 7609 / Categories: Opinion
printer mail-detail

Lessons from abroad

web_comment_lessons_from_abroad_greene

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

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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll