The road not taken: divergent paths in court-ordered mediation, Churchill in England, caution in Northern Ireland – McStravick (Trustee) v Montgomery (2026)

Abstract

This case note examines McStravick (Trustee) v Montgomery (2026), in which Simpson J holds that the Northern Ireland courts lack power to compel parties to engage in a ‘joint consultation’ under the Rules of the Court of Judicature. The judgment reveals a significant divergence from the English position established in Churchill v Merthyr Tydfil CBC (2023). Whilst in England and Wales courts can order parties to engage in extrajudicial dispute resolution, Simpson J signals that, at present, Northern Ireland cannot ‘import’ such powers via judicial intervention. Instead, any expansion of compulsory alternative dispute resolution must come through explicit rule reform. This case note aims to show how two jurisdictions, facing identical policy pressures, have chosen different institutional responses.