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06 November 2015 / David Burrows
Issue: 7675 / Categories: Features , Family
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The middle way

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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 and wives must have their deals checked by a district

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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