Civil Courts
What are civil courts?
Civil courts deal with disagreements between people, businesses and other organisations. In a
civil case, the person bringing the claim is known as the claimant, while the person or
organisation responding to the claim is the defendant.
The main courts dealing with civil cases are the County Court and the High Court. The court a
case goes to will depend on factors such as the type and complexity of the claim.
Civil cases can also be dealt with through alternative dispute resolution, which gives people the
opportunity to settle their disagreement without having to go through a full court hearing.
Key Cases
1. Halsey v Milton Keynes General NHS Trust [2004]
Case facts
The case involved a medical negligence claim. The court had encouraged the parties to
consider mediation, but one side refused to take part.
Case principle
The Court of Appeal explained that refusing to use mediation could have consequences when
the court decided who should pay the legal costs.
Why remember it?
This is a really useful case when discussing whether people should be encouraged to use ADR
before taking a dispute through the courts.
2. Dunnett v Railtrack plc [2002]
Case facts
Mrs Dunnett brought a claim against Railtrack. The court encouraged both sides to consider
mediation, but Railtrack refused.
Case principle
, Even though Railtrack was successful in the appeal, the court refused to award it its costs
because of its unreasonable refusal to consider mediation.
Why remember it?
It shows that refusing ADR can have financial consequences.
3. PGF II SA v OMFS Company 1 Ltd [2013]
Case facts
One party invited the other party to take part in mediation. The invitation was simply ignored.
Case principle
The Court of Appeal said that failing to respond to an invitation to mediate could itself be
considered unreasonable.
Why remember it?
It shows how seriously the courts take ADR and the importance of properly considering an offer
to mediate.
4. Churchill v Merthyr Tydfil County Borough Council [2023]
Case facts
The claimant brought a claim against the local authority. The court considered whether the
parties could be required to use ADR before continuing with the court proceedings.
Case principle
The Court of Appeal confirmed that courts can, in appropriate circumstances, require parties to
participate in a suitable form of ADR.
Why remember it?
This is a particularly useful modern case showing how important ADR has become within the
civil justice system.
5. Lomax v Lomax [2019]
Case facts
The dispute involved financial matters. One party wanted the court to order Early Neutral
Evaluation, while the other party did not agree.
What are civil courts?
Civil courts deal with disagreements between people, businesses and other organisations. In a
civil case, the person bringing the claim is known as the claimant, while the person or
organisation responding to the claim is the defendant.
The main courts dealing with civil cases are the County Court and the High Court. The court a
case goes to will depend on factors such as the type and complexity of the claim.
Civil cases can also be dealt with through alternative dispute resolution, which gives people the
opportunity to settle their disagreement without having to go through a full court hearing.
Key Cases
1. Halsey v Milton Keynes General NHS Trust [2004]
Case facts
The case involved a medical negligence claim. The court had encouraged the parties to
consider mediation, but one side refused to take part.
Case principle
The Court of Appeal explained that refusing to use mediation could have consequences when
the court decided who should pay the legal costs.
Why remember it?
This is a really useful case when discussing whether people should be encouraged to use ADR
before taking a dispute through the courts.
2. Dunnett v Railtrack plc [2002]
Case facts
Mrs Dunnett brought a claim against Railtrack. The court encouraged both sides to consider
mediation, but Railtrack refused.
Case principle
, Even though Railtrack was successful in the appeal, the court refused to award it its costs
because of its unreasonable refusal to consider mediation.
Why remember it?
It shows that refusing ADR can have financial consequences.
3. PGF II SA v OMFS Company 1 Ltd [2013]
Case facts
One party invited the other party to take part in mediation. The invitation was simply ignored.
Case principle
The Court of Appeal said that failing to respond to an invitation to mediate could itself be
considered unreasonable.
Why remember it?
It shows how seriously the courts take ADR and the importance of properly considering an offer
to mediate.
4. Churchill v Merthyr Tydfil County Borough Council [2023]
Case facts
The claimant brought a claim against the local authority. The court considered whether the
parties could be required to use ADR before continuing with the court proceedings.
Case principle
The Court of Appeal confirmed that courts can, in appropriate circumstances, require parties to
participate in a suitable form of ADR.
Why remember it?
This is a particularly useful modern case showing how important ADR has become within the
civil justice system.
5. Lomax v Lomax [2019]
Case facts
The dispute involved financial matters. One party wanted the court to order Early Neutral
Evaluation, while the other party did not agree.
