Dispute Resolution

Question 1

Churchill v Merthyr Tydfil County Borough Council [2023]

Answer 1

Court can lawfully stay proceedings for ADR but if it does not impair right to proceed to judicial hearing and is proportionate to achieving legitimate aim of settling dispute fairly, quickly and a reasonable cost.

Question 2

Mediation

Answer 2

Parties agree independent third body.
Advantages -
Cost and speed.
Flexibility.
Privacy.
Preserving business relationship.
Commercial reality.
Ability to withdraw.
Disadvantages -
Limited disclosure.
Privacy (lack of public vindication).
Ability to withdraw.
Enforcement -
Agreement not automatically binding - cannot enforce like court judgement.
Yet - written agreement/contract - breach.

Question 3

Arbitration

Answer 3

Contractually bound or agree to it.

Advantages -
Quicker, cheaper.
Less formal procedure.
Decision made by impartial third party with expertise.
Private.
Preserve business relationship.
Solutions more practical.
Binding.
Decisions -
Not in depth investigation.
Certain remedies e.g. injunction unavailable.
Enforcement -
Winning part apply to High Court for permission to enforce arbitration award like court judgement.

Question 4

Limitation Act 1980

Answer 4

Contract - 6 years from breach.
Tort - 6 years from committed or breach of duty (negligence).
Personal injury - 3 years from date of cause of action or date of knowledge.
Children - 18th birthday.
Negligence where damage is latent -
6 years from date of action or 3 years from date of knowledge.
No longer than 15 years.
Check contractual limitation.