One of the great strengths of the common law system is its ability to grow through the dialectical process of judicial determination of conflicting positions. This feature is absent in dispute resolution mechanisms such as mediation.
A perfect illustration of the growth of the common law will be the determination by the UK Supreme Court of an appeal to be heard on 5 and 6 March 2013. The case involves a decision in which the English Court of Appeal sharply rejected the practice – adopted and developed in the Family Division over 25 years – of treating the assets of . . . [more]