header-logo header-logo

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

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

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

1 Hare Court—Peter Mitchell KC & Amber Sheridan

1 Hare Court—Peter Mitchell KC & Amber Sheridan

Leading family law set strengthens ranks with high-profile additions

Thackray Williams—Jennifer Nicol

Thackray Williams—Jennifer Nicol

Firm bolsters commercial team with senior employment partner hire

NEWS
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
Barbara Mills KC, chair of the Bar 2025 and joint head of chambers at 4PB, sets out in this week's NLJ how the profession will respond to Baroness Harriet Harman KC’s review into bullying, harassment and sexual misconduct at the Bar
back-to-top-scroll