Latest articles
UK Immigration Rough Sleeper Rule
Aaron Gates-Lincoln, Immigration NewsThe UK government has recently introduced a controversial new set of rules that aim to make rough sleeping grounds for refusal or cancellation of a migrant’s...
Teaching Hospitals NHS Trust v DV (A Child) [2021] EWHC 1037 (Fam)
(Family Division, Cohen J, 19 April 2021)Medical Treatment – 17-year-old had form of bone cancer and required surgery For comprehensive, judicially approved coverage of every important...
Domestic Abuse Bill
Aaron Gates-Lincoln, Immigration NewsAfter years of development the Domestic Abuse Bill returned to the House of Lords in the UK on the 8th March 2021 to complete its report stage, one of the final...
Coercive control and children’s welfare in Re H-N and Others
When families come to strife, arrangements must be made for the future care of any children. In some circumstances, this means an application to the courts. These ‘private law orders’ can...
Profession: Expert Witness
The value of a family business or business interest is treated as an asset and therefore part of the matrimonial pot to be distributed when it comes to negotiating a financial settlement on divorce or...
View all articles
Authors

Family Arbitration: the outlook after Haley

Jan 27, 2021, 16:06 PM
This article explores the impact of the Court of Appeal’s decision in Haley v Haley [2020] EWCA Civ 1369 on family law arbitration.
Slug :
Meta Title : Family Arbitration: the outlook after Haley
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jan 27, 2021, 00:00 AM
Article ID :

Jonathan Tecks, Chartered Arbitrator
Suzanne Kingston, Solicitor Arbitrator, Mediator, Collaborative Practitioner and Trainer

This article explores the impact of the Court of Appeal’s decision in Haley v Haley [2020] EWCA Civ 1369 on family law arbitration. Having regard to family law jurisprudence that party agreements as to outcomes (whether direct or indirect, via arbitration) may not oust the court’s ultimate jurisdiction, the Court of Appeal decided that in relation to financial remedies disputes there was scope for the court substantively to review whether arbitral awards should be made into court orders. The relevant criterion would be aligned with that applied in family litigation appeals, namely whether the arbitrator’s decision was simply ‘wrong’. As the Court of Appeal recognised, this would not apply in civil arbitration – and may seem surprising to practitioners in that area. However, family law practitioners have welcomed the decision since the very limited possibility of appealing a problematic decision under the Arbitration Act 1996 was perceived as one of the obstacles to a wider take up of family arbitration. The authors look at the background and context of the decision and their understanding of its procedural implications. They also identify remaining areas of uncertainty and offer some views as to how these might be resolved.


The full article will be published in the February issue of Family Law

Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482.

 

 

 

 

 

 


Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Related Articles
Load more comments
Comment by from