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Host Timothy Salisbury is joined by Antonia Ford to discuss mediation in the context of civil litigation. They also discuss the recent case of James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 in which the Court of Appeal confirmed that the civil courts have the power to stay proceedings and require the parties to consider undertaking a form of alternative dispute resolution. Timothy and Antonia consider how this judgment might affect various types of civil cases in the future, including those involving allegations of fundamental dishonesty and fraud.

A copy of the judgment in the case of James Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 can be found here: https://www.judiciary.uk/judgments/james-churchill-v-merthyr-tydfil-county-borough-council/

The Pump Court Chambers New Practitioners’ webinar series referenced in this episode can be found here: https://www.pumpcourtchambers.com/tag/the-new-practitioner-series/

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This Episode, Louisa Simpson speaks with Pump Court’s Emma Sole about all things Personal Injury in the Employment Tribunal. Topics include in what circumstances one might consider seeking damages for PI in the ET (and not the civil courts), the cross-over with Injury to Feelings awards, medical evidence, directions and case management.

Whilst this podcast is intended as a helpful guide, without too much reference to authorities, one that is particularly relevant to know about in this area is De Keyser Ltd v Wilson [2001] IRLR 324 EAT, which sets out the expected steps, between the parties, in a case where a medical expert might need to be instructed in a claim in front of the Tribunal.

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