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26 November 2021 / Hannah Gumbrill-Ward
Issue: 7958 / Categories: Features , Family , ADR , Arbitration
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Arbitration in family cases: another way

Hannah Gumbrill-Ward shares the pros & cons of the use of arbitration in family proceedings
  • The time for arbitration to play a bigger role in family proceedings has come.

Family practitioners (and their clients) are all too aware of the current crisis in the family court. At the Jersey International Family Law Conference last month, President of the Family Division, Sir Andrew McFarlane, concluded his speech by acknowledging that ‘the Family Court is not currently in a good place’ adding that ‘the substantial backlog that existed before the pandemic has now grown very substantially’. The 14% increase in the number of new cases started in the family court during the second quarter of this year, following a 7% rise in the first quarter, has done nothing to help alleviate this substantial backlog.

As well as those directly involved in family proceedings, the crisis has also attracted the attention of the Lord Chancellor, who is apparently now drawing up plans to impose penalties on parents deemed to be ‘clogging up’

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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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