EWCA award financial remedy arbitration in successful appeal

EWCA award financial remedy arbitration in successful appeal

The England and Wales Court of Appeal (EWCA), has overturned a financial remedy arbitration award, as a result of the ex-husband protesting it was unfair.

In October 2019, Russell and Kelly Haley went to arbitration. This was as a result of a final hearing of Ms Haley’s financial remedy application being cancelled at short notice.

In a bid to settle matters quickly, both parties went to arbitration. During this time, Mr Haley considered the outcome of the arbitration to be wrong and unfair so he applied to the England and Wales High Court (EWHC) to rectify the manners.

Mr Haley was appealing against the arbitrators assessment of:

  • his ability to rehouse himself to an acceptable standard
  • distribution of the Haley’s pensions and payments made to Ms Haley

In February 2020, the EWHC rejected Mr Haley’s arguments, which he then duly escalated to the EWCA. This appeal was then successful

Further detailed guidance about the case has been published on the STEP website.

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