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11 September 2009 / David Burrows
Issue: 7384 / Categories: Features , Mediation , Family
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Mediative adjudication

Mediative, co-operative justice would benefit all parties and protect the legal aid budget, says David Burrows

In the week that, in this country, legal aid was 60 years old and mediation a mere 30 NLJ had at least four articles on, or relevant to, mediation.
Two family lawyers—family lawyers are to the fore of mediation efforts in this country—led: James Pirrie on collaborative law matters, while Geraldine Morris of LexisPSL and Resolution (a group of family lawyers) explained the fundamental principles of mediation.

Joy Davies looked forward to the next 20 years of “civil and commercial mediation”, and the law reports covered AF v BG [2009] EWCA Civ 757, [2009] All ER (D) 249 (Jul) which gave impetus to the settlement ethos under Civil Procedure Rules 1998 Pt 36—technical objections to an offer were overridden by the court (see NLJ, 31 July 2009).
Family mediation all began with Report of the Committee on One-Parent Families, 1974 (the Finer Report).

The report referred to “conciliation” in family disputes; so as part of our local Finer Joint

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

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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