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.


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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.


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