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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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