Mediation: Is Halsey still good law? CMC, CEDR, CIArb intervene in Churchill v Merthyr Tydfil County Borough Council

Edwin Glasgow CBE KC and Kelly Stricklin-Coutinho are acting for the Civil Mediation Council (“CMC”), The Chartered Institute of Arbitrators (CIArb) and the Centre for Effective Dispute Resolution (“CEDR”) in relation to their intervention in the case Churchill v Merthyr Tydfil County Borough Council, currently before the Court of Appeal. They are instructed by Ian Gatt KC, Elaina Bailes, Matt Caples and Ryan Ho of Stewarts Law LLP.

The question of whether Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002 (“Halsey”) remains good law is raised in the Churchill case.

CMC, The Chartered Institute of Arbitrators (CIArb) and CEDR are making submissions that the Court of Appeal was led into error in its judgment in Halsey in finding that Article 6 of the European Convention on Human Rights prevented a court from ordering a stay of proceedings in order that the dispute might be submitted to mediation.

Reporting:

The Law Society Gazette: here.

The CMC’s press release: here.

The Chartered Institute of Arbitrators (CIArb)’s press release: here.

CEDR’s press release: here.

More about the news of the case has also been published on The Global Legal Post and The Times.
 

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