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07 September 2012 / Margaret Hatwood
Issue: 7528 / Categories: Features , Divorce , Family , Damages , Personal injury , Ancillary relief
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Making a break

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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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MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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