This is a blockbuster of a judgment. Make a note: the name is Churchill vs Merthyr Tydfil County Borough Council (2023). This very powerful Court of Appeal – consisting of the Master of the Rolls, the Lady Chief Justice and Lord Justice Birse – have unanimously decided that the court, any court, can lawfully order disputing parties to engage in a non‑court-based dispute resolution process.

Twenty-five years ago, parliament passed a law saying that this sort of dispute resolution process would apply – and only apply – to “construction contracts”. They gave us construction adjudication. In the 25 years since then, the court has had its beady eye on us folk using this newfangled idea of 28-day adjudication. I go so far as to say that the court gives us folk a solid thumbs-up. And thanks to Churchill vs Merthyr Tydfil, the law now is that those in dispute about bananas, basket cases or whatever can adjudicate. It didn’t require an act of parliament. Instead, this is the High Court exercising rules of court.

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