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15 December 2023
Issue: 8053 / Categories: Case law , In Court , Law digest
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Law digests: 15 December 2023

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Alternative dispute resolution

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416, [2023] All ER (D) 04 (Dec)

The Court of Appeal, Civil Division, allowing the appeal of the defendant local authority in a nuisance matter, held that the court could lawfully order the parties to court proceedings to engage in a non-court-based dispute resolution process, including the kind of non-court-based dispute resolution in issue in the instant case which was the appellant local authority’s internal complaints procedure to which the respondent was not contractually bound.

Immigration

R (on the application of Kent County Council) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin), [2023] All ER (D) 157 (Nov)

The Administrative Court ruled on the claimant Kent County Council’s claim for judicial review for unaccompanied asylum-seeking (UAS) children entering the UK in Kent on small boats. The claimant sought a declaration that the defendant Secretary of State for the Home Department (the Secretary of State) was acting unlawfully and sought an order requiring that

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The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
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