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Churchill v Merthyr Tydfil County Borough Council

[2023] EWCA Civ 1416
JurisdictionUnited Kingdom
CourtCourt of Appeal (England and Wales)
Year2023
StatusBinding authority

Summary

Court of Appeal held that courts may order parties to engage in non-court-based ADR without breaching Article 6 ECHR, modifying the Halsey principle that compulsory mediation was impermissible.

Key Principle

court can order parties to engage in non-court-based ADR; Halsey modified; compulsory ADR not per se objectionable

Area of Law

procedure

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