Nicholas Barry

Nicholas specialises in Family law and has an expanding practice within financial remedy proceedings.

He has specialised in financial remedies cases since December 2022 having developed a specific interest in this area.

He is widely-regarded for his proactive approach and accessibility from the outset, and is often praised for his ability to gain the trust of clients and offer robust and pragmatic advice on issues and settlement options.

Before coming to the Bar, Nicholas qualified as a solicitor (March 2017) within the Dispute Resolution Department of Hugh James giving him experience in a variety of commercial litigation matters as well as housing management cases. He joined chambers in September 2019 following successful completion of his pupillage.

Nicholas’s practice has included acting in an advisory capacity and representing clients at all stages of proceedings including final hearings. Nicholas has recent and regular experience representing clients at contested application hearings (including in relation to business valuations); interim applications (MPS and LSPO); and enforcement applications (including in relation to overseas assets).

Nicholas’s practice predominantly takes place in Wales and the West of England. However, Nicholas is willing to travel and has experience undertaking cases in the North of England and the South East. Nicholas is adept at utilising technology to conduct conferences remotely, including live collaborative working, where that is more suitable or preferable to clients.

He is frequently instructed in cases which involve the following issues:

• Cases concerning the treatment of significant pre-marital and post-separation accruals.
• The impact of delay upon the court’s assessment of parties’ needs and assessment of fairness in such circumstances.
• The effect of an agreement entered into between the parties following separation.
• Disputes concerning the appropriate division of pensions including advising on the guidance provided by the PAG report and recent authorities, particularly in respect of ring-fencing arguments. Nicholas also has experience of utilising the Galbraith tables.
• The treatment of business interests owned by one party.
• The impact of loan agreements entered into with relatives or other connected third-parties.
• Issues relating to personal and financial misconduct.
• The impact of third-party interests in financial remedy proceedings.
• Addressing issues of litigation funding through legal services payments orders
• Enforcement proceedings and steps taken to overcome difficulties presented by an uncooperative party, including obtaining orders for the sole conduct of the sale of assets; the execution of documents by the court on behalf of another party; and orders seeking vacant possession of a property pending sale.
• Applications to vary periodical payments orders.
• Applications for freezing injunctions.
• Applications for costs as a result of litigation misconduct.

Prior to focussing on developing his financial remedies practice, Nicholas gained extensive experience in private law children matters and conducted cases before various levels of the judiciary. Such cases involved contested issues surrounding contact; fact-finding hearings concerning issues of domestic abuse (including coercive and controlling behaviour); applications for specific issue orders and prohibited steps orders; and applications for non-molestation orders and occupation orders.

Nicholas’s experience of childcare proceedings, and representing client’s making or facing allegations of coercive and controlling behaviour, continues to be of assistance within his specialist financial remedies practice.

He also has prior experience of advising clients within the civil law jurisdiction, including contractual matters, debt issues and housing.