15 December 2023
Tony Allen, solicitor, mediator and senior consultant to CEDR, provides in-depth commentary on Churchill, which overturned Halsey, in this week’s NLJ
The overturning of Halsey, where it was held 18 years ago that for a court to order parties to mediate would infringe their Art 6 right to a fair trial, is a momentous occasion for dispute resolution lawyers.
Allen writes: ‘We can learn from facts that emerged from the appeal in Churchill where matters went somewhat astray in Halsey.’ He reflects on Halsey, ‘There is no doubt that the impact of this decision was widespread and profound. Courts that had been making ADR Orders—or said they wanted to—ceased to do so.’
Allen explores Churchill, examining questions raised and answered within the judgment by the Master of the Rolls. Finally, he looks at the future implications of this highly important case.
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