Judge speaks out after first reference of dispute by the courts

Mr Justice Baker has said the “Rubicon has been crossed” in the use of family arbitration.

He made the comment in a special ruling on the approach the courts should take on arbitration, following the end of what he described as the first reference by the family courts.

Baker J said the launch of the Institute of Family Law Arbitrators (IFLA) scheme, backed by Resolution, meant the scope for arbitration in matrimonial finance cases had “expanded significantly” during the proceedings.

Ruling in AI v MT [2013] EWHC 100 (Fam), Baker J said he was not issuing a “judgment in a conventional sense&rdqu...

Jean-Yves Gilg
Solicitors Journal

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