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: private financial dispute resolution, mediation and arbitration
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 at present inherent in the court system. As a further option, the new family arbitration scheme has many potential advantages for those parties who seek adjudication by a third party, yet wish to retain as much control as possible over the decision-making process.
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 their 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, and certainly more convenient, 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), Nicholas Cusworth QC (current Head of Chambers and Family Recorder), Bruce Blair QC (former Head of Chambers, who has sat as a Deputy High Court Judge for 20 years), Valentine Le Grice QC, Nigel Dyer QC, Ann Hussey QC, 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 three fully trained mediators as Gavin Smith and Rachel Platts have been joined by Sir Peter Singer since his retirement from the bench. Rachel Platts has considerable experience mediating family disputes involving children. Gavin Smith, who is also a trained collaborative lawyer, is available to mediate financial and associated child related disputes of all kinds arising from matrimonial or civil partnership breakdown and is approved to carry out Mediation Information and Assessment Meetings (MIAMs). Sir Peter Singer with his wide and intensive experience as a Family Division judge is available to mediate family disputes of every sort, including those where 'all issues' are the issue, or cross-cultural considerations and/or cross-border questions arise. 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.
Arbitration: the new option
On 22 February 2012 a family arbitration scheme was introduced for the resolution of financial disputes. The scheme has been established by the Institute of Family Law Arbitrators (IFLA), a body formed under the aegis of the Chartered Institute of Arbitrators (CIArb), the Family Law Bar Association and Resolution. 1 Hare Court has embraced this new initiative with enthusiasm, with Sir Peter Singer, Valentine Le Grice QC and Gavin Smith being among the very first group of practitioners and former judges to have been trained and accredited as family arbitrators. They have thereby qualified for Membership of the CIArb. Each of them is available to arbitrate all types of financial disputes in family cases, and between them they offer a wide range of expertise. The scheme is governed by the Arbitration Act 1996 and the IFLA Rules.
For those parties who wish their dispute to be resolved by a third party, yet seek to maintain as much control as possible over the process, arbitration can be a very attractive option compared with conventional court proceedings. Arbitration can be the way to the fast track, as opposed to the slow slog and the long haul.
First, the parties themselves (with the benefit of their advisers) select their arbitrator. They will thus be confident in their own arbitrator of choice, and will be assured that he or she will be available when booked to be available and will have had time to read the papers: their case will never be floating, listed 'at risk' or 'not reached'. Because the parties appoint a specified arbitrator, they will also be guaranteed continuity of tribunal both for directions and other interim hearings and for the final arbitration.
Second, arbitration is a very flexible process: the arbitrator may be appointed to arbitrate a single discrete issue, a number of issues, or the full range of financial remedies.
Third, subject to specified fundamental safeguards, the parties 'own' the process to a far greater extent than in court proceedings. They can agree what procedures best suit them and their circumstances. For instance, they can agree that the dispute be determined on paper alone or following a hearing, which they can elect to be conducted on the basis of written evidence and submissions alone, or with oral evidence. This ability to streamline the procedure may well lead to significant savings of time and costs.
Fourth, and importantly, the process is entirely confidential. There is no possibility of media access at any stage.
Once the arbitrator has delivered his or her Award (which is always in writing, and by which the parties agree at the outset of the process to be bound) the parties will in most circumstances envisage applying to the court for an order in the terms of that Award. Although agreeing to arbitration cannot oust the jurisdiction of the court, it is anticipated that the circumstances will be rare indeed in which the court may decline to make an order in terms of the award.
The scope of the IFLA scheme is wide. It applies to financial and property disputes arising from marriage and its breakdown (including financial provision on divorce, judicial separation or nullity); civil partnership and its breakdown; co-habitation and the ending of co-habitation; parenting or those sharing parental responsibility; and provision for dependants from the estate of the deceased. It covers (but is not limited to) claims under the following statutes: Married Women’s Property Act 1882, section 17; Matrimonial Causes Act 1973, Part II; Inheritance (Provision for Family and Dependants) Act 1975; Matrimonial and Family Proceedings Act 1984, section 12 (financial relief after overseas divorce); Children Act 1989, Sched 1; Trusts of Land and Appointment of Trustees Act 1996; and Civil Partnership Act 2004 Sched 5, or Sched 7, Part 1, para 2 (financial relief after overseas dissolution).
Our Clerks will be happy to send you copies of the IFLA Scheme Rules and the Arbitration Agreement (Form ARB1) on request. If you then wish to appoint an arbitrator the Scheme Rules require that the appointment is offered through IFLA. Again, the Clerks can give you the necessary details and assistance.
For further information and appointment enquiries, please contact Luke Carvalho in the first instance.
