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15 October 2021 / Tony Allen
Issue: 7952 / Categories: Features , Procedure & practice , ADR , Mediation
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The final demise of Halsey? Pt 2

60705
Tony Allen continues his series on the future of dispute resolution by exploring the concept (& reality) of compulsory ADR
  • Is it now ‘legal’ for a court to order alternative dispute resolution (ADR)?
  • How courts might approach the question of ordering DR and imposing sanctions if ignored.

The Civil Justice Council (CJC) report, Compulsory ADR, published in June 2021 raises a significant challenge to the correctness of Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] All ER (D) 125 (May) over its assertion that for a court to order (A)DR breaches the ECHR Art 6 right to a public trial. It looks first at the theoretical legality of ordering (A)DR (and thus whether Halsey was in this respect wrong): it then looks at the desirability of court-ordered alternative dispute resolution (ADR). Its answer to the theoretical legality of court-ordered ADR is firmly that such orders are legal. Deweer v Belgium 1980 EHRR 439 is waved away as not really being relevant. Note is taken of other jurisdictions, several subject also to

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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

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