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15 March 2024 / David Burrows
Issue: 8063 / Categories: Opinion , Mediation , Family
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Churchill & mediation

163774
Churchill has confirmed a court may order ADR, but we need more believers, says David Burrows

The fallout from Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec) continues to scatter, but in an odd way. The UK’s own Ministry of Justice (as reported in ‘Compulsory mediation ruled out for separating couples’, The Law Society Gazette, 26 January 2024) seems not to have read—or at least not to have understood—the judgment in Churchill.

Sir Geoffrey Vos MR defined the issue for the Court of Appeal in Churchill at [1] as ‘whether a court can lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, and, if so, in what circumstances it should do so’. After reciting a variety of case law, including European jurisprudence, he concluded at [58] that ‘as a matter of law, the court can lawfully stay existing proceedings for, or order, the parties to engage in a non-court-based dispute resolution process’ (emphasis

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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