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22 February 2018 / Richard Harrison
Issue: 7782 / Categories: Features , Profession
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Hamilton for lawyers #2

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Richard Harrison returns with Ten DR Commandments inspired by the 2018 Olivier award winner Hamilton

Previously in this journal I wrote an article inspired by Lin-Manuel Miranda’s celebrated musical Hamilton. It looked at the legal career of Alexander Hamilton and some of the lessons, including mediation skills, to be learned from the negotiation of the 1790 Compromise which led to Washington DC becoming the US capital.

One of the main, and tragic, themes of the show is the culture and consequences of the duelling code prevalent in the late 18th and early 19th centuries. Litigation is nowadays one of the main substitutes for the duel and the elaborate code of challenge, compromise and mediation is now used to deal with legal problems. As is made clear in the song ‘Ten Duel Commandments’: ‘ Most disputes die and no one shoots ’.

And given that the song is highly catchy, I had a think about it in the context of ‘Ten DR (dispute resolution) Commandments’.

The first step in any dispute resolution procedure is to identify the issues and engage in a pre-action protocol process. This

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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