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Recent claims against solicitors arising from ancillary relief proceedings

20 Feb 2014 - , 00:00

There are indications that the number of claims against solicitors arising from ancillary relief proceedings is rising. The current spate of cases involve failures to consider sufficiently the alleged inaccuracy of actuarial pension estimates or explore properly the various ways of dealing with pensions and pension rights. The complaint is usually made following a settlement on the basis there has been an under settlement for the party without a pension. There is as yet no clear guidance for solicitors on the extent of their duty to investigate the divorcing couple’s pensions provision.

Topics to be covered include:

  • Understanding pensions and pension rights in ancillary relief
  • The duty to investigate matrimonial assets and the role of experts
  • The duty to advise the client
  • Limitation issues in claims arising from ancillary relief
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