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Making a break

07 September 2012 / Margaret Hatwood
Issue: 7528 / Categories: Features , Divorce , Family , Damages , Personal injury , Ancillary relief
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How do you protect a client’s PI damages prior to family proceedings, asks Margaret Hatwood

Are your client’s personal injury (PI) awards at risk in the family courts? The short answer to this is yes and now more so than ever before. The fuzzy discretion of the family courts has now intruded into the PI lawyer’s arena. Could a PI lawyer be negligent if he or she does not protect his client’s damages? Quite possibly must be the answer to that.

Although the family courts have for many years regarded damages for personal injuries as part of the matrimonial pot available for division, historically, the awards made have been relatively small in terms of both amount and percentage. However, a recent case, Mansfield v Mansfield [2011] EWCA Civ 1056, [2011] All ER (D) 87 (Sep) has changed all that.

Division of financial assets

Under the Matrimonial Causes Act 1973 (MCA 1973) the family courts, in dealing with the division of assets, have to have regard to the factors

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The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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