This webinar will Explore the unpredictable nature of the ‘common intention’ element of constructive trusts and how some recent judgments have arrived at the answer. By Rowan Morton Please see the link to our YouTube Channel to watch this webinar – Rowan Morton Trusts of Land and Appointment of Trustees Act 1996 ToLATA series, part...

    Dominique Gillan –  ‘Dominique, who is erudite, calm, professional, and good with lay clients and judges, and regularly handles high-value financial remedy cases.’   ‘Dominique is committed to client care of the highest standard and is highly experienced in Children Act proceedings.’   Laura Smallwood – ‘Laura is very responsive, thorough in her preparation and...

By Dominique Gillan We are well familiar with the rules and practice directions dealing with vulnerable parties in family proceedings.  But what about the less frequently encountered position of a party who lacks litigation capacity?   The starting point is the Mental Capacity Act 2005 which provides as follows: S1 Principles …… A person must...

Questionnaires at First Appointments are forever a battle between lawyers as to what is necessary/proportionate and what is cross-examination. Since the introduction of rule 9.14(5) there is now a direction that both parties in a financial remedies case must provide one another with a questionnaire requiring further information about their finances 14 days prior to...

Guildford Chambers are pleased to have a number of barristers ranked as Leading Juniors in the South Eastern Circuit, in the latest Edition of The Legal 500.   George Coates –  ‘George is hard-working, clever and strong in detail.’ Christine Julien –   ‘Christine is client-focused and excellent with vulnerable individuals in particular. She is direct with her advocacy but...

By Rowan Morton The Claimant’s own deceit to a lender and his creation of a sham lease were not sufficient to undermine his claim for a contradictory common intention constructive trust in a family dispute between father and son in Parker v Parker-Bowyer [2024] EWHC 2239 (Ch). A recent Judgment of 5 September 2024 in...

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