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Arbitration of TOLATA disputes: Why would anyone now choose to litigate?
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The doubters as to the efficacy of IFLA family arbitration in the financial remedy context need look no further than the case of
S v S (Financial Remedies: Arbitral Award) [2014] EWHC 7 (Fam)
[2014] 1 FLR 1257 for confirmation by the President of the Family Division that financial remedy arbitral awards should be converted into court orders.
This note is not concerned with financial remedy cases however; rather disputes which must be resolved by way of litigation pursuant to the CPR in the TOLATA and Inheritance (Provision for Family and Dependants) Act 1975 context. These disputes often with all the attendant stresses of ‘a family case’ are played out under an entirely different procedural code where ‘costs follow the event’ in an open court wigs and all.
The litigation landscape
Since April 2013 the ‘Jackson’ reforms have made conducting any civil litigation an altogether chillier experience. Mandatory costs’ budgeting and the unforgiving...
Read the full article here.
