Family

Members of our family team are frequently instructed in all types of public child law proceedings including care, adoption, wardship, special guardianship and secure accommodation.

Our caseload includes matters of the utmost severity involving the most serious allegations including death of a child, non-accidental injury, sexual abuse, incest, domestic violence and serious cases of neglect.  As a result our specialist practitioners have extensive experience in cases involving the instruction of numerous experts across a range of specialist fields.

Members of our family team are frequently instructed on complex and / or acrimonious private law children cases, often involving a wide range of  disputes and serious allegations.

Our team are also now experienced in dealing with cases which have proceeded under PD36Z – the “Pathfinder” Pilot.

We have particular experience of cases involving alienating behaviours,  sexual assault or domestic violence, child relocation and cases involving child abduction and / or the removal of children from the jurisdiction.

“The top flight chambers in Wales, with a strong financial remedy team at all levels of call.”

(Legal 500)

Our specialist practitioners members routinely act in complex, high net worth financial remedy proceedings that involve complicated ownership or accounting structures, tax, share dissipation, property portfolios, trusts (onshore and offshore), agricultural and /or business assets and enforcement.

We are also regularly instructed in Schedule 1 cases, Inheritance Act disputes and members also offer advice to clients requiring nuptial agreements.

Non-Court Dispute Resolution (NCDR) refers to alternative ways of resolving family disputes relating to money or children without going to court. 

Forms of NCDR that our practitioners currently offer include Mediation,  Neutral Evaluation and Private FDR.

Mediation

The process is confidential and without prejudice, enabling participants to communicate freely. The mediator’s role is to facilitate that conversation between the participants when communication can be difficult.

Each mediation process begins with an initial meeting (or Mediation and Information Meeting – MIAM), whereby the mediator explores the issues with each participant individually; signposts appropriate support services or resources where appropriate; and assesses for risk: be that domestic abuse, risk to children, or issues involving mental health or substances amongst others.

If safe and appropriate for both participants in their circumstances, joint sessions can proceed after an Agreement to Mediate is signed by participants and the mediator. The confidentiality then extends to include the participants, the mediator and their respective lawyers- should the participants consent to the inclusion of the latter. There are very definite caveats to confidentiality, both in individual and joint sessions: those being any issues of risk to an adult or child which might need to be referred to an appropriate authority and possible criminal activity.

The mediator is independent and assists the participants in a dialogue to consider their own, and one another’s positions, and importantly, the real needs that may lie behind those positions. The process can be creative and the outcome is very much determined by the participants and not led  by the mediator. The mediator does not give legal advice, but should give legal information and specifically will say if a proposal made which is acceptable, is outside the bracket which is likely to be approved by a court.

Importantly, mediation can develop ways of communicating and understanding which can ease problems in the future. In circumstances where a decision of the court is ultimately required however, it can serve to refine the issues and distil what points really do require the court’s assistance.

Neutral Evaluation

Neutral evaluation (“NE”), often referred to as early neutral evaluation (“ENE”), is one form of. It has historically been widely used in some practice areas, most notably in financial remedy cases, for which it has been a mandatory part of the court process since 2000. In its simplest form, NE involves a suitably qualified, experienced and independent third party, the evaluator, considering the merits of a case and expressing their view, orally and/or in writing, with the aim of assisting the parties in achieving a consensual resolution.

NE affords parties the opportunity to decide for themselves how their dispute should be settled, whilst ensuring that their negotiations are really and truly conducted in the shadow of the law. This ensures that the underlying merits of their case are kept in mind throughout,
alongside a realistic assessment of the likely risks and costs, financial or otherwise, of walking away from the negotiating table and taking up cudgels. In that respect, it offers parties the best of both worlds.

Private FDR

A private Financial Dispute Resolution (FDR) hearing is where the parties opt out of the court system and hire a Judge on a private basis for the FDR part of their case. The Judge will hear submissions from each of the parties and then give an indication on what the likely outcome of the case is if it proceeds to a Final Hearing.

The main differences of a private FDR are that parties choose the Judge, parties pay the Judge’s fees; parties choose the date and the hearing does not take place in a court building (rather it takes place, for example in a solicitor’s office or FDR Judge’s chambers).

Please contact the family clerks for more information on any of these options.

Our team has a wealth of expertise in handling claims under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). These disputes often arise in the context of co-ownership of property, where parties disagree on their respective interests or the way the property should be dealt with. Our barristers are highly experienced in advising and representing both claimants and defendants in these cases, whether the dispute involves former cohabitees, family members, or business partners.

ToLATA claims typically require a careful examination of the legal and equitable interests in the property. This includes addressing issues such as the existence of constructive or resulting trusts, contributions to purchase price or mortgage repayments, and the parties’ intentions as expressed or inferred. Our barristers are adept at presenting clear and compelling arguments in court while also providing strategic advice to clients who wish to negotiate settlements.