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23 April 2009
Issue: 7366 / Categories: Legal News , Divorce , Family
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Warring couples opt to make peace

Family

Divorcing couples are increasingly choosing to use collaborative law methods because of the credit crunch.

Law firm HBJ Gateley Wareing says the number of couples opting to settle out of court using collaborative law practices has risen by a third in the last year. This view supports a study by family lawyers’ group Resolution, which says the use of collaborative law in divorce proceedings had increased by 87% in 2006–07. Collaborative law uses amicable negotiations conducted face to face in four-way meetings between the parties and their lawyers. If either party later moves to litigation, both lawyers are disqualified from acting in the proceedings.

Sara Matheson, partner at HBJ Gateley Wareing, says: “Clients are keen to sort things out with as little further upheaval as possible. This is in part due to the credit crunch and the cost of often lengthy and acrimonious court wrangling, and in part to reduce the impact on any children involved. By opting for a collaborative legal process the chance that people can reach a solution that suits both parties is much higher, and outside the court room it is far easier to tailor a solution to suit personal circumstances.”

Issue: 7366 / Categories: Legal News , Divorce , Family
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MOVERS & SHAKERS

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

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Browne Jacobson—Professor Clive Kay

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Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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