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05 August 2010 / James Riby
Issue: 7429 / Categories: Features , Divorce , Family
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A life saver?

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James Riby expounds on interim relief & the division of chattels

Interim applications in matrimonial finance proceedings regarding rights over property tend to be forgotten and unrequired by practitioners, save for applications for “maintenance pending suit” (MPS). These interim maintenance payments are designed to cover immediate living expenses, such as rent, mortgage and food, and can also cover funding for legal fees in certain “exceptional circumstances” which the courts have identified. They are designed to last until final agreement or final hearing, when the court has jurisdiction to make a range of property orders: lump sum; transfer of property (which can include sale); pension share; and long-term periodical payments. For many litigants MPS can be a financial life-saver, particularly at times like these of extreme pressure on court lists and judicial time.

Jurisdiction

The MPS jurisdiction appears enough for the interim needs of most cases but in others, albeit seemingly rarer, there is a need for the court to be able to make provision for other forms of interim relief.  Below are

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Carey Olsen—Patrick Ormond

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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