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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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