The following Family practice note Produced in partnership with Suzanne Kingston of Mills & Reeve provides comprehensive and up to date legal information covering:
This Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes since March 2012, and for children issues since July 2016. It considers the applicable rules, the role of a solicitor acting for a party in reaching a binding arbitration and the key benefits of arbitration. It also details the coverage of the Institute of Family Arbitrators (IFLA) scheme and the powers of the arbitrator. For practical guidance on the role of the courts in relation to arbitral awards or determinations, see Practice Note: Family arbitration—the role of the courts.
Arbitration is a form of formal dispute resolution. The parties enter into an agreement under which they appoint a suitably qualified person (an arbitrator) to adjudicate their dispute and make an award. Arbitration has been available for family law disputes since 26 March 2012 following the launch of the Institute of Family Law Arbitrators (IFLA). The IFLA is a collaboration between Resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR). The administration of the scheme is undertaken by Resolution on behalf of the IFLA, and the training and regulation of arbitrators is the responsibility of CIArb. The scheme is governed by the IFLA arbitration rules and as from 2016 there are separate
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This Practice Note examines the doctrine of consideration and the key role it plays in English law in determining whether a contract is enforceable.A promise will only be capable of being contractually enforced if it is either made in a deed or made in exchange for something of value, known as
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key characteristics. Specifically:•trespass to land•trespass to the person•privacy/defamation•liability for animals•employers' liability•product
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
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