Trusts and Estates
A knotty problem of ordering ADR
Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416
by Raj Arumugam
In
Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576, the Court of Appeal appeared - controversially - to take the view that a court could not lawfully compel
parties to a civil dispute to participate in an alternative dispute resolution (ADR) process. In
Halsey, Dyson LJ said: