The judge had repeatedly adjourned a matter, directing that the parties should consider alternative dispute resolution. Since the first adjournment, the rules had been changed to allow a court to refer a case for such an arrangement. One party objected.
Held: The new power could be exercised even in an existing case, and therefore the objection, even if it succeeded, could not prevent a judge making a reference under the new rules upon its return.
Citations:
[1999] EWCA Civ 1453
Statutes:
Jurisdiction:
England and Wales
Civil Procedure Rules, Arbitration
Updated: 07 December 2022; Ref: scu.146368