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08 October 2021 / Tony Allen
Issue: 7951 / Categories: Features , Procedure & practice , ADR , Mediation
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The final demise of Halsey?

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In an exclusive series of updates for NLJ, Tony Allen presents an alternative thesis on the shape of future dispute resolution
  • Post-Halsey, can a court order parties to mediate against their will?
  • What is the current position in relation to court-ordered dispute resolution (DR).

The law relating to mediation has for many years felt dominated by the Court of Appeal judgment in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, [2004] 4 All ER 920. It dates from 2004, two years after another dramatic Court of Appeal decision—Dunnett v Railtrack plc (in railway administration) [2002] EWCA Civ 303, [2002] 2 All ER 850when for the first time a winning party’s refusal to mediate was sanctioned as unreasonable litigation conduct (CPR 44.2). Halsey purported to generate authoritative guidance on two main topics:

(i) Can a court order parties to mediate against their will? And

(ii) On what basis might a costs sanction be imposed on a winning party who had unreasonably

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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