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Can the Court Now Order that Parties to Court Cases Must Engage In Alternative Dispute Resolution?

Introduction

On 29/11/2023  the Court of Appeal delivered its much anticipated judgment in Churchill v. Merthyr Tydfil County Borough Council.[1] Much anticipated because for the first time in about 20 years it tackled (at Court of Appeal level) whether a court can order parties in litigation to ; (a) mediate or undertake some other form of alternative dispute

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Not that black and white: The use of landowner rights by planning authorities – Enterprise Hangars Ltd v Fareham Borough Council [2023] EWHC 2060

The decision in Enterprise Hangars Ltd v Fareham Borough Council [2023], has reaffirmed that planning authorities should not invoke their rights as private landowners to stifle planning applications.

The judgement by the High Court emphasised that planning decisions should be made purely based on planning considerations.  Considerations of the defendant local authority as landowner should not have been a

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