header-logo header-logo

15 December 2023
Issue: 8053 / Categories: Legal News , ADR
printer mail-detail

NLJ this week: The full implications of Churchill & why Halsey had to go

151503
Tony Allen, solicitor, mediator and senior consultant to CEDR, provides in-depth commentary on Churchill, which overturned Halsey, in this week’s NLJ

The overturning of Halsey, where it was held 18 years ago that for a court to order parties to mediate would infringe their Art 6 right to a fair trial, is a momentous occasion for dispute resolution lawyers.

Allen writes: ‘We can learn from facts that emerged from the appeal in Churchill where matters went somewhat astray in Halsey.’ He reflects on Halsey, ‘There is no doubt that the impact of this decision was widespread and profound. Courts that had been making ADR Orders—or said they wanted to—ceased to do so.’

Allen explores Churchill, examining questions raised and answered within the judgment by the Master of the Rolls. Finally, he looks at the future implications of this highly important case. 

Issue: 8053 / Categories: Legal News , ADR
printer mail-details
RELATED ARTICLES

MOVERS & SHAKERS

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

Broadfield—David Brennand

Broadfield—David Brennand

Corporate partner appointment strengthens firm’s investment funds practice

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
Winning a judgment may be only the beginning of an expensive enforcement battle, writes Professor Dominic Regan in this week's NLJ
back-to-top-scroll