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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll