S v S [2014] EWHC 7 (Fam)

Arbitration: A wider appeal

Alex Verdan QC and Frankie Shama ask whether the Court of Appeal decision in Haley makes family arbitration, including in children cases, a better option The result in Haley is likely to encourage more couples to refer their disputes to arbitration, and potentially lead to more challenges of arbitral awards by dissatisfied parties. While the …

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Set aside: Dealing with dishonesty

Matthew Taylor analyses a case involving an order obtained by fraudulent conduct and the steps that may be taken by the court in such cases ‘If fraud is established, the order must be set aside unless the court is satisfied that the fraud would not have influenced a reasonable person to enter into the order …

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Arbitration: Achieving finality

Beth Mason considers the court’s approach to a challenge to an arbitral award, and the limited circumstances in which such an award will be set aside ‘An arbitral award is effective and binding as between the parties without further court order and an order of the court is not a precondition to the binding effect …

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Privacy: Behind closed doors

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Shlomit Glaser and Tim Jones examine issues of privacy and confidentiality in family proceedings ‘There remains a judicial discretion to determine whether the media can be in attendance and the extent to which what they witness may be reported.’ Confidentiality can be a significant issue in family proceedings for many divorcing couples. This is particularly …

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