Mediation: Have the Floodgates Finally Opened?

On 29 November the Court of Appeal gave its judgment in the long-anticipated case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. It started life as a simple dispute between an individual and a council over Japanese knotweed but assumed such importance that there were no fewer than seven bodies admitted as interveners: the Law Society, the Bar Council, CMC, CEDR, CIArb and two housing association bodies.

So what was the case really about, and does it change the way civil and commercial mediation disputes are to be handled in future?

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