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08 October 2021 / Tony Allen
Issue: 7951 / Categories: Features , Procedure & practice , ADR , Mediation
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The final demise of Halsey?

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In an exclusive series of updates for NLJ, Tony Allen presents an alternative thesis on the shape of future dispute resolution
  • Post-Halsey, can a court order parties to mediate against their will?
  • What is the current position in relation to court-ordered dispute resolution (DR).

The law relating to mediation has for many years felt dominated by the Court of Appeal judgment in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920. It dates from 2004, two years after another dramatic Court of Appeal decision—Dunnett v Railtrack plc (in railway administration) [2002] EWCA Civ 303, [2002] 2 All ER 850when for the first time a winning party’s refusal to mediate was sanctioned as unreasonable litigation conduct (CPR 44.2). Halsey purported to generate authoritative guidance on two main topics:

(i) Can a court order parties to mediate against their will? And

(ii) On what basis might a costs sanction be imposed on a winning party who had unreasonably refused the loser’s proposal to mediate?

The court answered

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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