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In-House Insights

We understand that the challenges faced by in-house legal teams are varied and changing rapidly. Our In-house hub provides resources to help provide guidance on a variety of legal and business issues specifically for in-house counsel.

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Compulsory ADR out of the weeds – will the court order parties to mediate?

The recent judgment handed down by the Court of Appeal in Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 represents a seismic change in approach for alternative dispute resolution (ADR), casting aside the decision in Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 and paving the way for a new regime of compulsory ADR.

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Exclusion clauses in commercial contracts: the reasonableness test

The Court of Appeal's recent decision in Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus and Coach Ltd & Anor [2023] EWCA Civ 1297 has provided a useful reminder of the circumstances in which commercial parties can (and cannot) exclude statutory implied terms and confirmed that the English courts might not be as hesitant to interfere with commercial contracts as is often assumed.

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