Practical Point
Halsey's contrary remarks were not binding; a court may lawfully stay proceedings for, or order, non-court-based dispute resolution.
Consequence: None — no stay ordered on the facts; costs left to the trial judge
Lady Carr of Walton-on-the-Hill, Lady Chief Justice of England and Wales; Sir Geoffrey Vos, Master of the Rolls; Lord Justice Birss. Judgment given by Sir Geoffrey Vos, Master of the Rolls.
Mediation sought by Defendant (the Council); refused by Claimant (Mr Churchill).
Authorities applied: Halsey.
On appeal from Deputy District Judge Kempton Rees, County Court at Merthyr Tydfil, 12 May 2022.
Birss LJ and the Lady Chief Justice each agreed in short concurring judgments. Leading authority on the power to order ADR; decided before the October 2024 CPR amendments.
Paragraphs: 1-77 · Read the judgment →
