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15 December 2023 / Tony Allen
Issue: 8053 / Categories: Opinion , ADR
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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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