The practice of family law divides broadly into financial work and children work, and Chambers’ expertise covers all aspects of both.
The spectrum of financial cases which we undertake is very wide, and ranges from disputes where the parties’ means are modest to those of the greatest value, very often with a high profile. We have particular expertise in cases with complicating factors such as an international dimension and / or the involvement of trusts or family businesses.
Allied to this main area of practice are other financial disputes such as applications for financial relief for the children of unmarried parents, Inheritance Act claims, financial claims following overseas divorces, and property claims between unmarried and same-sex couples.
Chambers also provides a comprehensive service, spanning all levels of seniority, in the area of child law. We undertake all forms of work relating to children, including residence and contact applications, child abduction, adoption and care proceedings.
Niche areas of practice in which individual members of Chambers specialise include the drafting of pre-nuptial contracts, financial enforcement, professional negligence in the family law field, medical ethics and human rights.
Alternative dispute resolution: mediation and private financial dispute resolution
Hare Court recognises that not all family disputes need be decided in the courts. We also recognise that litigation can be an expensive and lengthy process upon which not all clients wish to embark. We recognise too the need to provide a high quality alternative by professionals who are expert in their field and upon whom you can rely to provide a first class service. Whilst mediation is a valuable alternative to litigation in very many cases, a private FDR Hearing offers the opportunity to short-circuit the litigation process that has already commenced, but where both parties would prefer to settle their differences without the significant cost and delay inherent in the court system at present.
Private financial dispute resolution
In our Chambers we have a number of judicial alumni, highly experienced Queens Counsel who sit currently as Deputy High Court Judges and Recorders in the Family Division, and other practitioners with judicial experience. Their many years of expertise in high-value and high profile family litigation is an invaluable resource. They are available to act privately as an FDR Judge at considerably shorter notice than obtaining a listing from the court.
They will conduct a private FDR, in a similar manner to an FDR at court, hearing submissions from the parties’ representatives and giving his or her indication as to the likely outcome of the case should it proceed to a litigated hearing. The indication will not be determinative any more than an indication from a High Court Judge or District Judge at a court FDR is, but it can be a very useful tool in leading to a sensible and appropriate settlement. There are many advantages to conducting such a private FDR, including the ability to choose a tribunal who may have been involved, whether as advocate or judge, in previous matters with similarities to your case, and to arrange your hearing at a time and place of your choosing. It can be considerably less expensive and much speedier than waiting for a court appointment.
Those available to conduct private FDR hearings at present include Sir Peter Singer (retired judge of the Family Division), Bruce Blair QC (former Head of Chambers, who has sat as a Deputy High Court Judge for 20 years), Philip Moor QC (current Head of Chambers and deputy High Court Judge), Nigel Dyer QC, Nicholas Cusworth QC (Family Recorder), Richard Todd QC (Recorder) and Mrs Elisabeth Todd (Deputy District Judge).
For further information and appointment enquiries, please contact our senior clerk Steve McCrone in the first instance.
Mediation
Mediation can be used to resolve all types of family disputes, from how financial assets are divided on the breakdown of a relationship to where children should be living or educated following the separation of their parents.
Professional high quality mediation can be a very effective alternative to the court process. It is less time-consuming and considerably less expensive than litigation. The use of mediation, particularly in private children’s disputes, is becoming increasingly common, and the present Government is supportive of mediation in all areas of family dispute. It seems likely that mediation will be an increasingly preferred option.
Mediation is voluntary and confidential; legal proceedings can be put on hold whilst it proceeds. The mediator, who is neutral but trained and an expert in his or her area, will help the parties to communicate and explore possible joint resolution of their dispute. It is the mediator’s role to ensure that the process is fair and that neither party is at a disadvantage. If resolution is reached, the mediator will prepare a Memorandum of Understanding, which can form the basis of a Court order reflecting the agreement reached in mediation. Resolutions reached by mediation can sometimes be more creative than those imposed by a court, and are often more likely to withstand the test of time than those imposed by a court. Mediation, whilst challenging, can be considerably less stressful than litigation.
1 Hare Court currently has two fully trained mediators, Gavin Smith and Rachel Platts. Rachel Platts has considerable experience mediating family disputes involving children. Gavin Smith, who is also a trained collaborative lawyer, is available to mediate financial disputes. A number of other members of Chambers are undertaking the relevant training.
Appointments can be available at short notice, and to fit in with the clients’ professional, education or child care arrangements. Typically, the mediator will initially see the parties separately to ensure that the case is suitable for mediation before bringing the parties together. Mediation sessions do not usually last more than two hours, and typically more than one session may be required to resolve the dispute, depending on its complexity.
For further information, and for cost and appointment enquiries, please contact our clerk Luke Carvalho in the first instance.
