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The Family Solutions Initiative â a response to a system in crisis Date:26 FEB 2021 The Family Solutions Group (‘FSG’) report, entitled What about me?: Reframing Support for Families following Parental Separation leaves us in no doubt as to the problems which are currently facing the family justice system which is, we are told, ‘in crisis’. A key and unifying factor for the crisis is the volume of applications which find their way before the family court. Applications are ‘growing exponentially’. Those pressures which already exist are exacerbated by the current global h...
The issue of delay in financial remedy cases: why not engage in arbitration instead or arrange a private FDR? Date:11 FEB 2021 There is no disputing the fact that the Family Court has faced numerous unprecedented challenges as a result of the Covid-19 pandemic. Judges and court staff are under considerable pressure to ensure that there is a continued access to justice. However, with increased pressure, demand, and workload, delay to financial remedy cases has unfortunately been inevitable. For a client, delay can mean increased stress, costs, and uncertainty all of which are of course not...
Family Arbitration: the outlook after Haley Date:27 JAN 2021 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 ali...