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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 contained in s 25. The court has a primary duty

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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