header-logo header-logo

05 July 2023
Issue: 8032 / Categories: Legal News , Procedure & practice , Mediation , ADR
printer mail-detail

End of Halsey on the cards?

Commercial mediators have united to intervene in a case that could overturn Halsey.

Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 set the precedent that compelling parties to mediate breaches their Art 6 right to a fair trial. Critics of the decision point out that even if parties are automatically referred to mediation, they are not compelled to settle and retain access to the courts.

The Civil Mediation Council, Chartered Institute of Arbitrators (CIArb) and Centre for Effective Dispute Resolution have been granted the right to intervene in the case of Churchill v Merthyr Tydfil before the Court of Appeal later this year. This could result in the court overturning Halsey.

CIArb director general Catherine Dixon said Halsey had been ‘hugely problematic’ and was ‘generally considered to be bad law’.

Issue: 8032 / Categories: Legal News , Procedure & practice , Mediation , ADR
printer mail-details

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll