Friday, March 07, 2014

Friday Review: Of pre-nups, horses and toffs


A brief end-of-week roundup:

I liked this article in The Guardian today, questioning the value of pre-nuptial agreements, in the light of the Luckwell v Limata decision. It refers to James Ferguson of Boodle Hatfield who "points out, if protecting your assets are what you are chiefly concerned about, then in reality the only way to do so is to not get married." Excellent advice.

It has been suggested that Mr Justice Mostyn's decision in Mann v Mann moves compulsory mediation a step closer. His use of an Ungley Order (has Master Ungley never heard of a change of name deed?) should certainly encourage the parties to mediate, but does not compel them. For my part, I have always been against compulsory mediation - it seems to be a contradiction in terms. After all, you can take a horse to water...

So lawyers are 'striking' again today. I wish them well, but I fear they are unlikely to achieve their aims. To succeed they need to get the public firmly behind them, and there is no chance of that whatsoever. Of course, it is true that the public will want legal help when they need it, but until then the vast majority of them view the profession with little short of contempt, and seeing a bunch of be-wigged toffs picketing outside a court (even without their Mulberry handbags) will do nothing to alter that view.

Have a good weekend.

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