Today (29 November 2023) sees the publication of the judgment in the case of Churchill v Merthyr Tydfil County Borough Council.

Michel Kallipetis KC was leading Counsel in the original decision in Halsey v Milton Keynes, and after twenty years he is delighted that the observations of Dyson LJ (as he then was) have been clarified. The importance of this decision is far reaching, not least because internal complaints procedures, which do not involve legal costs, are not excluded from dispute resolution which the courts will recognise provided that they are not a barrier to an individual’s right to access to the courts. Merthyr Tydfil is the smallest county in Wales and is to be congratulated in bringing this appeal to a successful conclusion.

CMC, Ciarb and CEDR are intervening in the case of Churchill v Merthyr Tydfil County Borough Council.

Rebecca Clark current chair of the CMC was quoted in The Times earlier this month. Rebecca Clark says that it is important that the appeal court this week “is given evidence as to [alternative dispute resolution’s] efficacy and increasing popularity: mediation saves time, money and court resources”.

See a summary of the judgment here – Judgment Summary – Churchill v Merthyr Tydfil County Borough Council