Succession Disputes After Churchill - Strategies for Dispute Resolution Success

Introduction

In Churchill v Merthyr (2023) the Court of Appeal concluded that the court does have power to stay proceedings or order that the parties attend a non-court-based dispute resolution process (‘NCDR’) prior to accessing a final hearing.

This new virtual classroom seminar will look at how to secure a successful NCDR for your client in the brave new world post Churchill.

It will examine the practical steps involved in preparing for NCDR in probate and Inheritance (Provision for Family and Dependants) Act 1975 cases.

What You Will Learn

This live and interactive course will cover the following:

• Churchill - the decision and lack of guidance re form of ADR:
• Access to the court delayed not barred Art 6
• Factors in exercising judicial discretion to order NCDR Bar Council check list
• The nature of the NCDR which counts as ADR
• Lack of guidance re form of ADR
• NCDR menu:
• Choice of ADR
• ENE/FDR court or private specialist
• Mediation
• Round table
• Pre-action protocol - when?
• Emotional problems of the bereaved/disinherited litigant
• Costs myth busting
• Churchill and costs sanctions
• Information needed:
• Larke v Nugus and the last will

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.