Court of Appeal hands down judgment in Churchill v Merthyr Tydfil

The Court of Appeal has handed down its judgment in Churchill v Merthyr Tydfil.

Law Society of England and Wales president Nick Emmerson said: “The Law Society welcomes this important judgment, which has made clear the parameters governing when parties can be required to enter into a non-court based dispute resolution process before proceeding with a civil claim.

“The Law Society strongly believes that non-court based dispute resolution will usually be in the best interests of the parties, but has always had real reservations about a blanket rule making any form of such process mandatory.

“This judgment reflects those reservations in that it recognises that, in some circumstances, it may be contrary to a party’s right of access to the courts to compel them to engage in a non-court based dispute resolution process.

“We welcome the Court’s clear guidance as to when and how judges should intervene to encourage non-court based resolution of disputes.”

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