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Churchill v Merthyr Tydfil Borough Council Update

Dear Members

You’ll recall that SHLA successfully joined as an intervenor in the Court of Appeal case of Churchill v Merthyr Tydfil Borough Council.

The case, ultimately about Japanese knotweed, is important for Registered Providers of Social Housing because it will deal with much broader questions about alternative dispute resolution (ADR) in civil proceedings. One specific question is whether ADR, including the exhaustion of an organisation’s internal complaints procedure, should be compulsory before a civil claim can be issued. The issue is particularly pertinent for landlords in the social housing sector who often face claims for disrepair from claimants who do not fully follow the pre-action protocol before issuing a claim.

The case is being heard at the Court of Appeal on 8th, 9th and 10th November 2023 (in the morning only on the 10th) and SHLA will be represented by Elizabeth England of Five Paper Chambers (who also sits on the SHLA Committee). Elizabeth has been assisted by Katrina Robinson MBE, Partner at Capsticks Solicitors  (Co-Chair of SHLA).

The Appeal is being live streamed and will be accessible from the judiciary’s websitehere: arings/.

The video should also be accessible from this website after the hearing. The video is only shared with YouTube who may retain a copy in their own archive.

SHLA Committee

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