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27 June 2013 / Tony Allen
Issue: 7566 / Categories: Features , Profession , ADR
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A litigation nightmare

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Tony Allen explains how mediation can provide a remedy for litigation horror stories

Anyone with an interest in settlement processes as a means of avoiding wasteful litigation will have read the two judgments in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 and [2012] EWCA Civ 1727 with despair and frustration. If ever there was a set of circumstances that cried out for mediation it was these. The parties were inextricably entwined with each other for years to come, as lessee and management company of the claimant’s home. The claimant’s husband had even at one time been a director of the defendant company. The trial judge was found by the Court of Appeal to have got the main plank of the claimant’s case wrong, requiring large-scale reversal on the merits. The total damages awarded were just under £6,500, of which £1,250 was unchallenged on appeal. Etherton LJ starts the costs judgment with the words: “This is a very sad and unfortunate case, in which the costs of successful litigation far,

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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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
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