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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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Latest News & Events
The Dekagram: 14th September 2026
This week John Schmitt considers JBX v Frimley Health NHS Foundation Trust [2026] EWHC 2294 (KB), a recent High Court decision on a ‘lost years’ claim brought by a child, whilst Bethany Hutchison takes a look at a case on ADR and indemnity costs. Quantifying…
Congratulations to Julia Brechtelsbauer on her appointment as APIL Junior Litigators’ Group Coordinator
We are delighted to share that Julia Brechtelsbauer has been appointed as a Junior Litigators’ Group Coordinator for the Association of Personal Injury Lawyers (APIL). In this role, Julia will help facilitate and chair group meetings, encourage engagement among members, contribute ideas and content for…
Burgess v Sikorski: deputyship fees in Fatal Accidents Act claims
By Susanna Bennett The High Court decision of Burgess v Sikorski is novel because the court addressed for the first time whether professional deputyship fees were recoverable in a Fatal Accidents Act case in which two dependants were protected beneficiaries. The answer of Mr Justice…
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