header-logo header-logo

15 December 2023 / Tony Allen
Issue: 8053 / Categories: Opinion , ADR
printer mail-detail

ADR after Churchill

151503
Tony Allen takes an in-depth look at Churchill & considers its impact

Quite the most significant decision for many years, in terms of influencing the development of mediation within civil justice, is to be found in the judgment of a very strong Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. Sir Geoffrey Vos, Master of the Rolls, sat with Lady Chief Justice Carr and Lord Justice Birss, the Deputy Head of Civil Justice, and gave the lead judgment, which in effect reverses the 2004 Court of Appeal’s opinion expressed in Halsey v Milton Keynes NHS Trust [2003] EWCA Civ 576 that for a court to order parties to mediate infringed their Art 6 right to a fair trial. Churchill now gives judicial authority to the view expressed in the Civil Justice Council’s report, ‘Compulsory ADR June 2021’, that courts may order parties to mediate or use other dispute resolution processes even against party objections, ‘provided that the order made does not impair the very essence of the claimant’s right to proceed to a judicial hearing, and is proportionate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll