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Another way

06 November 2008
Issue: 7344 / Categories: Opinion , Profession
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Mediation provides an alternative remedy for mounting credit crunch claims, says Matthew Greenberg

If court activity is a barometer of the economic climate then life out there is somewhat rosy. In September, the Ministry of Justice (MoJ) published its court statistics for 2007. The Chancery and Queen’s Bench divisions of the High Court have seen a very modest increase in overall claims, and bankruptcy petitions have dropped by 8%. The number of cases brought in these courts is dwarfed by those started in the county courts. The county courts issued over 2m non-family claims in 2007. The number of these cases has dropped by 8% from the previous year.

Global problem
But, needless to say, global economics are not rosy, and these statistics arguably reflect a happier climate in 2007. In the last few weeks and months, we have seen some of the most dramatic events in economies both here and abroad (particularly in the United States), and time will tell how these events will unfold.

The experience of the Americans may provide a clue. There is evidence

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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