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Insights: Disputes

Is Alternative Dispute Resolution now compulsory in legal proceedings?

The Court of Appeal has this week handed down its decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. This was effectively a test case which centred on whether or not unwilling parties can, in appropriate cases, be forced to engage in a "non-court based dispute resolution process".

An important clarification

The Court of Appeal has provided an important clarification on what is recoverable loss and how exclusion/limitation clauses should be interpreted.

Costly consequences of a party getting too close to their expert

The costly consequences of a party getting too close to their expert have been spelt out in a recent case. The High Court revoked permission for the Claimants to rely on their expert in the Chirk Nuisance Group Litigation leaving them late in the litigation having to seek a new expert and begin again in terms of expert evidence.