Has the significance of Yasmin Prest's divorce battle victory been overplayed?
The case of Petrodel v Prest has pitted family lawyers against their commercial colleagues. The former have been shouting ‘fairness’ (for families) while the latter retort ‘but that’s not company law’. As presaged among legal commentators, the Supreme Court has found a ‘third way’ to soothe the warring factions but, like many ‘third ways’, it potentially throws up more problems and more opportunities for litigation than it solves…
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Yasmin Prest won her landmark divorce ruling when the Supreme Court ordered Mr Prest’s companies to transfer to her a number of properties as part of her lump-sum award.
The Court of Appeal has declined to introduce the detailed guidelines on awards for injury to feelings for discrimination into the DPA regime.