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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

Clarke Willmott—Megan Bradbury

Clarke Willmott—Megan Bradbury

Corporate team welcomes paralegal in Southampton

Howard Kennedy—Paul Moran

Howard Kennedy—Paul Moran

London firm strengthens real estate team with partner appointment

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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