The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note outlines the role of the courts in relation to family arbitration. In family cases, arbitration will take place under the Institute of Family Law Arbitrators (IFLA) scheme. The courts retain jurisdiction over a family arbitration award or determination and will uphold the award or determination as long as it is within accepted parameters, and therefore give effect to the parties’ autonomy. For practical guidance on, inter alia, the process of arbitration in family cases, the key benefits of arbitration, the coverage of the IFLA scheme and the powers of the arbitrator, see Practice Note: Family arbitration—introduction.
In November 2015, the then President of the Family Division, Sir James Munby, issued guidance as to the interaction between the family courts and financial arbitrations conducted in accordance with provisions of the Arbitration Act 1996 (AA 1996), where the parties to financial proceedings have agreed to submit issues for decision by an arbitrator whose award is to be binding on them.
The Practice Guidance—Arbitration in the Family Court (the financial guidance) is most relevant to arbitration where the issues between the parties involve relief or an award by way of one or more of the financial remedies listed in the Family Procedure Rules (FPR 2010), SI 2010/2955, 2.3. In order to be effective, some elements of an arbitral award, for example a clean break, or
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
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