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NLJ this week: Compulsory ADR? Time to move on from Halsey?

08 October 2021
Issue: 7951 / Categories: Legal News , ADR , Mediation
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In the first of a series of articles on the legacy of Halsey, the 2004 authority that a court cannot order parties to mediate against their will, Tony Allen, solicitor and CEDR Chambers mediator, looks to the future of alternative dispute resolution

Allen assesses whether Halsey may have had an unsound basis before turning to the Civil Justice Council report from June 2021, which suggests an order to mediate may be legally valid after all.

His first article looks at the current position. His next one will look in detail at the Civil Justice Council report.

Issue: 7951 / Categories: Legal News , ADR , Mediation
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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