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The middle way

06 November 2015 / David Burrows
Issue: 7675 / Categories: Features , Family
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David Burrows discusses isolation of issues by mediation in financial cases

Caroline Bowden’s article on the understandable difficulties of settling financially complex cases (see “Fields of gold”, NLJ, 9 October 2015, p 11) is balanced by that of Jonathan Herring and his review of AC v SC [2015] EWFC B76 (“Aggrieving agreements”, NLJ, 4 September 2015, p 10). Caroline writes of the mindset of all concerned—parties, mediators and lawyers—which may be goaded by their differing grails (however tarnished). Jonathan writes—though not directly or in a mediation context—of that bridge that may be achieved in some mediations, namely the part settlement: identification of issues to be tried; and agreement around those issues of disclosure and other evidence which can be tied down by the mediator.

As AC v SC [2015] EWFC B76 (the case reviewed by Jonathan) shows judges, they have a role to play; but so too does the absurdity—in 2015—of our outmoded legal principle that a spouse cannot be trusted by the family courts to make his/her own agreement. Husbands

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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