“Our civil legal system may well be combative and adversarial in nature, but the ENE need not be.
As I am regularly reminded in family cases where touchy-feely thinking is better received:
‘You catch more flies with honey than you do with vinegar’.
Some honey at an ENE may go a long way to calm emotions and get a deal on the table, with the sobering thought of vinegar in terms of costs, time, uncertainty, and heartache, if the case were to continue to trial without being resolved.
Beware the lawyer for both buyer and seller. Buyer beware.”
‘Tis the season, blah, blah, blah…Peace on earth and goodwill to all men…
When I first started out as a solicitor, raring to do justice, defending the underdog, and protecting the innocent, (the usual), I was struck with a variety of differing rules and regulations dependent upon the jurisdiction of specific courts to deal with various matters. The County Court had the green book. The High Court had the white book.
Lord Justice Wolf, then set in motion the Civil Procedure Rules 1998 (‘CPR’), which had, in turn, an impact upon the criminal jurisdictions, namely the Criminal Procedure Rules, and the family courts, the Family Procedure Rules 2010 (‘FPR’). It is natural therefore that the rules and culture would adapt and evolve in time, tailor-made to family law or civil litigation as the case may be. Every so often, one or the other jurisdiction re-considers developments to their respective system…
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