Alternative Dispute Resolution Briefing: June 2024

Briefings

05/06/2024

It has been an exciting six months or so in the case law dealing with ADR – or should we now say NDR?

In November 2023, the Court of Appeal handed down its landmark decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which deals with the power of the Court to order parties to engage in ADR.

Meanwhile, in Northamber PLC v Genee World Ltd & Others [2024] EWCA 428 the Court of Appeal considered the issue of costs penalties where a party refuses to engage in ADR, including where a party is silent in the face of an invitation to participate in mediation.

Lisa Dobie and William Dean here consider these important decisions in detail. The key message – ADR is becoming ever more entrenched in the litigation process and you ignore it at your peril!

Read the Briefing in full.

Featured Counsel

Lisa Dobie

Call 2006

William Dean

Call 2011

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