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Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416

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Date: 29/11/2023

Court's power to order ADR

Court of Appeal considers whether a court has the power to order parties to court proceedings to engage in non court based dispute resolution processes and, if so, in what circumstances it should do so.  This judgment overturns the decision in Halsey that held that to order parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court.

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