Negligence claims in respect of Pensions on Divorce

At Mathieson Consulting, we are able to provide assistance in negligence cases when pensions matters are brought against legal advisors following a divorce. This negligence claim can arise, for example, where the solicitor failed to consider the pensions, issues raised which led to the client receiving a less generous settlement than should have been the case.

Pensions are often overlooked in divorce proceedings. This is despite the fact they are often the single most valuable asset owned by individuals, meaning that settlement figures in these cases can be very high. Therefore, if a case of negligence is brought against a solicitor, the settlement value should be determined in the most equitable manner, through the use of proper actuarial advice.

Mathieson can help support in these cases of negligence by providing independent, actuarial advice to ensure that the amount that an individual is owed is accurate and can be relied upon. This helps to resolve negligence cases in the most equitable manner, by ensuring a settlement payment is accurate and fair.

In our experience, negligence cases against solicitors with respect to divorce most often arise due to offsetting used in the divorce proceedings. For example, it has been agreed during the settlement that the ex-wife shall keep the former matrimonial home and the ex-husband shall keep all of his accrued pension provision, in the understanding that these two assets are of broadly equal value. Only later does it transpire that the ex-husband’s pension is much more valuable, leaving the ex-wife short-changed by the settlement. It is the failure of her solicitor to investigate this point that can give rise to the claim of negligence. It is therefore integral that the proper sum is arrived at for settlement if such a case arises.

We can provide actuarial advice in this matter that may form the basis of any settlement, whether via court proceedings or through some other arrangement. It should be noted that at present, we can only take instruction from the respondent in such negligence cases (i.e. the representatives of the solicitors against whom proceedings have been taken). We do not take instructions from claimants (whether represented or otherwise) in such cases.

The services that we can provide in this area are shown below.

Detailed (but non-legal) review of documentation pertaining to the negligence claim, the settlement that was made and the pension benefits forgone.
Provision of actuarial report into the potential losses that have been incurred.
Review of any reports/analysis produced by other advisers for “the other side” in the case.
Preparation of schedule of agreements and disagreements in cooperation with other such advisers.
Conference calls/in-person meetings with the parties and representatives.

Mathieson Consulting prides itself on providing independent, actionable reports and advice, with a commitment to first-class service. That’s why we can assist in negligence cases where a settlement figure needs to be arrived at.

At the final hearing District Judge D….. praised the report as being comprehensive and easy to understand.

Katherine Rayden from Rayden Solicitors wrote in respect of a Single Joint Expert report

My team has regularly instructed George as a joint pension expert in Ancillary Relief cases. His detailed and expert knowledge of this complex area is invaluable and he demonstrates a real passion for his work, which is reflected in the quality of his advice. I have no hesitation in recommending George to anyone.

Phillip Barnsley, Partner and Head of Family Law, Higgs & Sons

George is without doubt a leading pensions expert in the West Midlands area. He is practical, pro-active and extremely personable with clients and is a regular first choice for the Mills & Reeve Family team.

Marc Saunderson, Partner Mills & Reeve LLP and Head of Birmingham Family Team

Grateful thanks to the report writer. Even though information was received by Mathiesons at the last minute, we have still received your report in time for the FDR, as promised. Excellent service as always.

Marion Stokes, FCILEx, Chartered Legal Executive Lawyer & Commissioner for Oaths, Family Department, Standley & Co Solicitors.

Once again, many thanks indeed for your impressive report and most particularly for the swift delivery.

Stephanie Calthrop-Owen, Partner Morrisons Solicitors LLP and Head of Family Department

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Pensions & Divorce

Loss of Pension Rights

Life interests in Will Trusts

Negligence Claims

Pension issues arising on divorce are often very significant: the divorcing couple’s pensions may indeed be the most valuable assets that they possess. However, such pension matters pose a number of complex issues that need to be considered.

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We are able to provide an assessment of loss of pension rights for use in legal proceedings and employment tribunals. An individual may lose pension rights following the action of others, for example, through unfair dismissal or through an accident (whether at work or otherwise).

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Another area where we can provide actuarial support is with respect to the valuation of life interests in Will Trusts. This is where a Will Trust has been written to provide benefits for an individual for the remainder of his/her life.

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We are able to provide assistance in cases where claims of negligence in pensions matters are brought against legal advisors following a divorce.

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