header-logo header-logo

25 October 2013 / Mair Coombes Davies
Issue: 7581 / Categories: Features , Property , ADR
printer mail-detail

A fresh approach

istock_000013546128medium

ADR in property disputes is a new way to solve an old problem proposes Mair Coombes Davies

There is nothing quite like an argument over who owns the last 6 inches of land to bring out the fighting spirit. It and other property disputes have tested the skills of some of the most astute minds in law and arbitration.

For example, in 1559 Sir Robert Dudley and Sir William Cordell, Master of the Rolls, were appointed by the court to arbitrate between three heiresses to Edward Griffith’s landed estate in Caernarfonshire and Anglesey and the male heir in a dispute which had festered for some six years (“Disputes and settlements in Medieval Wales: the role of Arbitration”, English Historical Review No.CCCCXXI October 1991). However, by 7 December 1559 the parties had entered into recognisances binding themselves to “stande, to obey and bide the awarde, order, judgement and dome” of the two arbitrators. Despite their efforts towards “a loving and friendly end”, the arbitrators found the disputants “so precisely addicted and bent to their

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
back-to-top-scroll