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ARTICLE · 13 MAY 2024

Embracing Compulsory Alternative Dispute Resolution: Proposed Changes To The Civil Procedure Rules

Shepherd and Wedderburn
Shepherd and Wedderburn
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Earlier this year, we examined the Court of Appeal's decision in Churchill v Merthyr Tydfil County Borough Council and discussed how this case highlighted the court's ability to compel parties...

United KingdomLitigation, Mediation & Arbitration
Iain Drummond
Iain Drummond
Nikki Forde
Nikki Forde
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In light of Churchill v Merthyr Tydfil County Borough Council, the Civil Procedure Rules Committee has announced a consultation on Alternative Dispute Resolution and proposed changes to the Civil Procedure Rules.

Earlier this year, we examined the Court of Appeal's decision in Churchill v Merthyr Tydfil County Borough Council and discussed how this case highlighted the court's ability to compel parties in court proceedings to engage in Alternative Dispute Resolution (ADR) such as mediation.

By way of reminder, it was decided that the court could lawfully stay proceedings to order the parties to engage in non-court-based dispute resolution processes. However, this can only happen so long as the order does not impair the claimant's right to proceed to a judicial hearing and is proportionate to achieving the legitimate aims of settling the dispute fairly, quickly and at a reasonable cost.

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