Key Facts
- •Mr Churchill sued Merthyr Tydfil County Borough Council for nuisance due to Japanese knotweed encroaching from council land onto his property.
- •The Council argued Mr Churchill should have used their internal complaints procedure before suing.
- •The lower court dismissed the Council's stay application, relying on Halsey v. Milton Keynes General NHS Trust.
- •The Court of Appeal considered whether a court can compel parties to use non-court dispute resolution.
Legal Principles
A court can encourage but not compel unwilling parties to use alternative dispute resolution (ADR).
Halsey v. Milton Keynes General NHS Trust [2004] EWCA Civ 576
The court has the power to stay proceedings to allow non-court-based dispute resolution, provided it doesn't impair the claimant's right to a fair trial, pursues a legitimate aim, and is proportionate.
Various ECtHR and CJEU cases, CPR 1.4(2)(e), CPR 26.5
The right of access to the courts can only be curtailed by express primary legislation.
R (UNISON) v. Lord Chancellor [2017] UKSC 51
Outcomes
The Court of Appeal allowed the appeal in part.
The lower court's reliance on Halsey was incorrect; the court *can* order ADR, but only if it's proportionate and doesn't violate the claimant's right to a fair trial. The specific internal complaints procedure was deemed unsuitable in this case.
The court refused to order a stay of proceedings at this stage.
The circumstances had changed since the lower court's decision. Ordering a stay would be pointless given Mr. Churchill's refusal to let the Council treat the knotweed, and it would be inappropriate to compel him to do so.