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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

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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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