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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

Weightmans—Elborne Mitchell & Myton Law

Weightmans—Elborne Mitchell & Myton Law

Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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