Court Upholds Judiciary's Power to Order ADR Stays in Ongoing Litigation

Citation: [2023] EWCA Civ 1416
Judgment on


The case James Churchill v Merthyr Tydfil County Borough Council presents a critical examination of the legal principles surrounding the court’s power to stay proceedings and mandate parties in ongoing litigation to engage in non-court-based dispute resolution processes. The judgment by the Court of Appeal (Civil Division) delves into the realm of Alternative Dispute Resolution (ADR), the essence of a litigant’s right to access the court, and the proportionality and legitimacy of court-ordered stays for dispute resolution.

Key Facts

James Churchill, the claimant, pursued legal action in nuisance against the Council due to encroachment from adjoining land owned by the Council, which resulted in damage and loss attributed to Japanese knotweed. The Council’s stance was that Mr. Churchill had unreasonably failed to utilize its Corporate Complaints Procedure before commencing legal proceedings. In response to this failure, the Council sought a stay of the proceedings. The Deputy District Judge initially dismissed the Council’s application, under the impression of being bound by precedents set in Halsey v. Milton Keynes General NHS Trust [2004] EWCA Civ 576 to conclude that parties cannot be compelled to enter non-court-based ADR against their will.

The judgment explored essential legal questions, leading to the formulation of principles that can significantly influence dispute resolution in the UK.

  1. The binding effect of precedent was scrutinized, with the court establishing that certain passages from Halsey were not part of the decision’s essential reasoning (obiter dicta) and therefore not binding.

  2. The court posited the power of the judiciary to stay proceedings for ADR, provided the stay does not:

    • Impair the very essence of the claimant’s right to a timely hearing.
    • Is in pursuit of a legitimate aim.
    • Is proportionate in achieving a fair resolution quickly and at reasonable cost.
  3. Legal principles underpinning the European Convention on Human Rights (ECHR), Ashingdane v. United Kingdom (1985), and other European case law were considered to determine the lawful imposition of non-court-based dispute resolution procedures within existing litigation.

  4. An examination of the Civil Procedure Rules (CPR) and Practice Directions confirmed that they empower the court to manage cases actively, including encouraging and facilitating the use of ADR methods, aligning with the overriding objective of resolving cases fairly, quickly, and at proportionate cost.

  5. Factors guiding the court’s discretion to order ADR were suggested, emphasizing the nature of the ADR process, the representation of parties, the prospect of resolution, associated costs, timing implications, and any power dynamics between the disputing parties.


The Court has redefined the understanding of the judiciary’s power in mandating ADR, establishing that:

  • There is legal authority to order stays for non-court-based dispute resolution processes within ongoing litigation, refuting the interpretation previously deduced from Halsey.

  • The specifics of ADR processes under consideration will significantly influence whether a stay should indeed be granted, recognizing the importance of the ADR characteristics in allowing for a fair, speedy, and cost-effective resolution.

  • Within this case, no stay was ordered due to progress in legal proceedings and other contextual factors that suggested according the Council’s internal complaints procedure may not achieve the desired outcome.


The judgment in James Churchill v Merthyr Tydfil County Borough Council represents a paradigm shift in the role of courts regarding ADR. It signifies greater judicial flexibility in promoting settlement outside the courtroom during ongoing litigation, while still safeguarding the fundamental rights assured by Article 6 of the ECHR. By detaching from Halsey’s overextended interpretation and instead fostering a balanced approach that takes into account the nature and suitability of the non-court-based resolution process, the Court has underscored the overriding objective’s spirit. The outcome, therefore, facilitates a nuanced judicial approach towards ADR, which could lead to more efficient dispute resolution in the legal system.

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