Family Law Hub

Haley v Haley [2020] EWCA Civ 1369

The husband's appeal to the High Court to set the arbitral award aside had failed, and an order had been made in the terms of the arbitral award. This appeal was limited to the question of the test to be applied where one party declined to consent to or challenged the making of an order under the Matrimonial Causes Act 1973 in the terms of an IFLA Scheme arbitral award. Was (i) the test limited to those matters in the Arbitration Act 1996, save where there had been a supervening event or mistake; or (ii) should the appeals test under the Matrimonial Causes Act 1973 be applied? King LJ found that the judge in this case had applied the wrong test, and applying the appeals test she was satisfied that the husband had a real prospect of succeeding in an appeal against the award made. When presented with a refusal on the part of one party to agree to the conversion of an arbitral award into a consent order, the logical approach would be for the court to "triage" the case, with the reluctant party having to "show cause" why such order should not be made. Moylan LJ and Popplewell LJ agreed. The matter would now be remitted to a circuit judge, and a case management hearing would take place to determine the form and extent of the hearing required to determine these proceedings.

Judgment, published: 23/10/2020

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Published: 23/10/2020

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