Chambers News

What is Just and Equitable?

By David Smallbone

The phrase “just and equitable” occurs surprisingly often in legislation. It has a long history. One of the dangers of specialisation is that it is easy to overlook the history, significance and a full understanding of words which are familiar and even hackneyed
in a particular context, but which have in fact been chosen by the legislative drafter against a background of previous use and established application in other contexts.

 

To read the entire document please CLICK HERE

Mediation and Advocacy

By David Ash

Litigation is run by the state. Mediation is run by parties. This century, the state has brought mediation into litigation, a move producing tensions of which much has been written. The focus of this article is instead on harmony, on how litigation advocates can draw upon rather than discard their training, to become more effective mediation advocates.

 

To read the entire document please CLICK HERE

CPD seminars for 2018

  • 27 February
    Paul Batley
    An introduction to Class Action Law and Practice

 

  • 1 March
    Nick Poynder
    Judicial review of Administrative Decisions

 

  • 5 March
    David Ash
    Advocacy for mediation

 

  • 8 March
    Jim Johnson and Andrew Bailey
    Make it easier to recover costs and compliance in the new world of technology

 

  • 13 March
    Mark Anderson
    Gender Dysphoria

 

  • 22 March
    Jim Johnson
    Bankruptcy and deceased estates

 

  • 26 March
    Chris Ronalds AO SC
    Advanced cross examination skills

 

  • 28 March
    David Smallbone
    What is ‘Just and Equitable?’