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15 March 2024 / David Burrows
Issue: 8063 / Categories: Opinion , Mediation , Family
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Churchill & mediation

163774
Churchill has confirmed a court may order ADR, but we need more believers, says David Burrows

The fallout from Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec) continues to scatter, but in an odd way. The UK’s own Ministry of Justice (as reported in ‘Compulsory mediation ruled out for separating couples’, The Law Society Gazette, 26 January 2024) seems not to have read—or at least not to have understood—the judgment in Churchill.

Sir Geoffrey Vos MR defined the issue for the Court of Appeal in Churchill at [1] as ‘whether a court can lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, and, if so, in what circumstances it should do so’. After reciting a variety of case law, including European jurisprudence, he concluded at [58] that ‘as a matter of law, the court can lawfully stay existing proceedings for, or order, the parties to engage in a non-court-based dispute resolution process’ (emphasis added). As I read that, Sir Geoffrey’s words summarise simply and elegantly

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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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