Monday 11 August 2025
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
Hope you had a great weekend! Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
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This Week’s Question: A man is hired by a company to complete urgent building repairs for £20,000. Halfway through, he refuses to continue unless the company agrees to pay an extra £5,000, knowing the work must be completed quickly to avoid large financial losses for the company. Feeling they have no choice, the company agrees in writing and pays the extra sum. After the job is done, the company seeks to recover the £5,000.
Which of the following best reflects the likely legal position?
A. The company must pay the extra sum because they signed a written agreement to do so.
B. The company can recover the extra sum if their agreement to pay was made under improper pressure.
C. The company cannot recover the extra sum because they received the benefit of the completed work.
D. The company must pay the extra sum because the change in price was agreed before the work was finished.
E. The company cannot recover the extra sum unless they can show the work was defective.
Dig Deeper: Learn more about contract law, by watching this video (incudes updates for 2025).
Last Week’s Question: A man brings a civil claim in nuisance against a local authority. The council applies to stay proceedings, arguing the man should have first used their internal complaints procedure, which is a form of alternative dispute resolution. The man argues he has a right to a judicial hearing, and the court cannot force him to use ADR before issuing a claim. Following Churchill v. Merthyr Tydfil CBC, which of the following best reflects the current legal position?
A. The court must refuse to stay proceedings because access to the courts cannot be delayed by ADR.
B. The court may stay proceedings if it considers that the claimant unreasonably refused to attempt ADR.
C. ADR is always voluntary, and a party cannot be required to use it before litigation.
D. A stay is only possible if the ADR scheme is regulated by statute or ombudsman.
E. The claimant has an absolute right to a court hearing, and ADR can only be suggested after proceedings begin.
✅ Correct Answer: B. The court may stay proceedings if it considers that the claimant unreasonably refused to attempt ADR. In Churchill v. Merthyr Tydfil CBC [2023] EWCA Civ 1416, the Court of Appeal held that:
- Courts have discretion to stay proceedings to require parties to engage in non-court-based dispute resolution processes, even without the parties’ consent.
- This does not violate Article 6 ECHR, provided that the stay is proportionate and does not impair the essence of the right to a fair hearing.
- The Halsey v. Milton Keynes NHS Trust [2004] guidance (which suggested ADR must be consensual) was clarified: courts can encourage or order participation in ADR where reasonable.
This decision strengthens the role of ADR in civil justice and confirms that access to court is not absolute if suitable and proportionate ADR is available.
Why the Other Options Are Incorrect:
- A is incorrect: The court can impose a stay to require ADR if it is just and proportionate.
- C is incorrect: ADR is not always entirely voluntary after Churchill; courts have more flexibility.
- D is incorrect: A formal regulatory framework is not required for the court to stay proceedings.
- E is incorrect: The right to a court hearing is qualified, not absolute, and may be delayed by proportionate ADR requirements.
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All the best
Dr Ioannis Glinavos
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