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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

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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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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