Date of Case: 23 October 2020
Case Reference: [2020] EWCA Civ 1369

At first instance, Mr Haley’s challenge to an arbitral award in relation to his wife’s financial claims upon divorce was dismissed pursuant to the Arbitration Act 1996, reported as R v K [2020] EWHC 841 (Fam). Representing the husband in the Court of Appeal, James Ewins QC and Will Tyzack of QEB successfully argued that the test under the Arbitration Act 1996 should not be applied to family arbitrations under the Matrimonial Causes Act 1973 because such determinations always require the appellate court to have regard to a single test: was the outcome fair? Consequently, Mr Haley’s appeal was found to have reached the threshold test and was remitted for re-consideration.

Bailii report: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1369.html 

Judgment in Family Law Week: https://www.familylawweek.co.uk/site.aspx?i=ed214935