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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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

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