End of Halsey on the cards?

Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 set the precedent that compelling parties to mediate breaches their Art 6 right to a fair trial. Critics of the decision point out that even if parties are automatically referred to mediation, they are not compelled to settle and retain access to the courts.

The Civil Mediation Council, Chartered Institute of Arbitrators (CIArb) and Centre for Effective Dispute Resolution have been granted the right to intervene in the case of Churchill v Merthyr Tydfil before the Court of Appeal later this year. This could result in the court overturning Halsey.

CIArb director general Catherine Dixon said Halsey had been ‘hugely problematic’ and was ‘generally considered to be bad law’.