LT v ZU

LT v ZU

Further evidence of significant change in circumstances (reduced income, increased mortgage rates) is necessary and should be admitted, as it may render the arbitral award unfair if made an order of the court. Both the challenge to the award and the fairness in light of new evidence should be heard together for efficiency and justice.

Parties
Applicant: LT; Respondent: ZU
Jurisdiction
England and Wales
Judgment Date
28 December 2022
Procedural Posture
Family Law Schedule 1 Children Act 1989 (arbitral Award Directions) / Directions Hearing Prior to Substantive Hearing on Challenge to Arbitral Award
Outcome
Further evidence admitted; directions to be agreed; both applications to be heard together.
Legal Topics
Schedule 1 Children Act 1989, Arbitral Award Challenge, Financial Provision for Children, Admission of Further Evidence, Appeal Procedure
Family Law Arbitration Schedule 1 Children Act 1989 Arbitral Award Challenge Financial Provision for Children Admission of Further Evidence Appeal Procedure

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Parties

LT

Applicant

ZU

Respondent

Procedural Posture

Family Law Schedule 1 Children Act 1989 (arbitral Award Directions) / Directions Hearing Prior to Substantive Hearing on Challenge to Arbitral Award

Legal Issues

  1. 1 Whether further evidence should be admitted in challenge to arbitral award under Schedule 1 Children Act 1989
  2. 2 Whether the arbitral award should be made an order of the court in light of alleged change of circumstances
  3. 3 Appropriate procedure and directions for hearing challenge to arbitral award

Ratio Decidendi

Further evidence of significant change in circumstances (reduced income, increased mortgage rates) is necessary and should be admitted, as it may render the arbitral award unfair if made an order of the court. Both the challenge to the award and the fairness in light of new evidence should be heard together for efficiency and justice.

Court Disposition

Further evidence admitted; directions to be agreed; both applications to be heard together.

Orders

  • Further evidence of change in circumstances admitted.
  • Both the challenge to the arbitral award and fairness in light of new evidence to be heard together at a 2-day hearing.