CM v CM [2019] EWFC 16

April 1, 2019 Posted by:

Mr Justice Moor commends the use of arbitration to decide the wording of a letter of instruction to an expert and similar issues

In a judgment just published and accessible here Moor J deprecated the fact that the content of a letter of instruction to an expert in financial remedy proceedings had been referred to him so that he could rule on competing drafts. He described this as filling him with ‘dismay’ and made clear that High Court Judges do not have time to draft letters or determine the wording of them.

He considered this an issue that “would be exactly the sort of matter that should be referred to an arbitrator who is accredited by the Institute of Family Law Arbitrators.”

Mr Justice Moor ultimately refused to approve the majority of the proposed changes and made an order for costs against the party seeking his ruling on a number of proposed amendments.