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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!
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