header-logo header-logo

15 December 2023 / Tony Allen
Issue: 8053 / Categories: Opinion , ADR
printer mail-detail

ADR after Churchill

151503
Tony Allen takes an in-depth look at Churchill & considers its impact

Quite the most significant decision for many years, in terms of influencing the development of mediation within civil justice, is to be found in the judgment of a very strong Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416. Sir Geoffrey Vos, Master of the Rolls, sat with Lady Chief Justice Carr and Lord Justice Birss, the Deputy Head of Civil Justice, and gave the lead judgment, which in effect reverses the 2004 Court of Appeal’s opinion expressed in Halsey v Milton Keynes NHS Trust [2003] EWCA Civ 576 that for a court to order parties to mediate infringed their Art 6 right to a fair trial. Churchill now gives judicial authority to the view expressed in the Civil Justice Council’s report, ‘Compulsory ADR June 2021’, that courts may order parties to mediate or use other dispute resolution processes even against party objections, ‘provided that the order made does not impair the very essence of the claimant’s

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll