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16 March 2007 / James Pirrie
Issue: 7264 / Categories: Features , Divorce , Family
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The legal dig

How should the courts assess equality in division of assets during divorce proceedings, asks James Pirrie

There is something in the work of archaeologists that reflects the current difficulties faced by family lawyers. An excavation requires a large group of people to pick through the rubble to find a few nuggets, which are delivered to a learned few, who develop a theory to unlock the mysteries of the investigation. The experience of family lawyers has been similar. We don’t understand the detail of the family law site, but we have a map called s 25 of the Matrimonial Causes Act 1973 (MCA 1973)—it just doesn’t give enough detail to be useful.

Uncovering the evidence

At enormous cost to a few unfortunate families—who could not find good enough answers from the law, their advisers or their negotiations—the industry has assembled a range of cases that give us glimpses of an underlying pattern that should exist but that still remains hard to discern. There are some parts that seem clear but others are mired in

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MOVERS & SHAKERS

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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