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11 November 2020 / Stephen Gold
Issue: 7910 / Categories: Features , Procedure & practice , Civil way
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Civil Way: 13 November 2020

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Family Arbs: the likely bill; Human Rights alive; Champers with water for tenants; Fit and proper on the pitch

LORD WILSON WILL SEE YOU NOW

As the courts struggle to timeously deal with financial remedy applications, arbitrations under the Family Law Arbitration Scheme (IFLSA) have taken off. Fast, media free, no leaky roofs or dodgy lifts, coffee and biscuits (if you are lucky). And with appeal immunity? That’s where Haley v Haley [2020] EWCA CIV 1369, [2020] All ER (D) 110 (Oct) comes in. The Court of Appeal has unanimously and bravely ruled that when consideration is being given by the court to making an order in the terms of the arbitrator’s award, then, except for a supervening event or mistake, it was not locked in to applying the test under the Arbitration Act 1996 (AA 1996) (substantive jurisdiction lacked, serious irregularity or award wrong in law) when there was a challenge. The correct test was the less strict appeals test where fairness was relevant. King LJ disagreed with the view

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MOVERS & SHAKERS

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Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

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Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

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Thomson Hayton Winkley—Nina Hood

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NEWS
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NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
NLJ this week: What counts as ‘rent’? Court says labour alone won’t do
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
NLJ this week: Freed but failed—justice system leaves the innocent empty-handed
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
NLJ this week: Clarity on whistleblowing, settlements and tribunal limits
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
NLJ this week: Family law urged to ditch adversarial instincts
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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