Barrister Profile
Gary has been in Chambers in Southampton since 1977 and is primarily a family and relationship practitioner. He has extensive experience in dealing with all types of applications under various legislation that involve Divorce and separation, and Public Law including; Matrimonial Causes Act, Children Act, Family Law Act, Civil Partnership Act, and Inheritance Act.
Gary is happy to advise in conference, in writing or over the telephone, and is able to take instructions from solicitors, and other professionals.
Public and Direct Access: Gary is authorised by the Bar Standards Board to conduct public direct access and litigation. Gary is happy to take on cases from Solicitors, to maintain continuum, where the client’s money is limited.
Expertise
Family: Care & Children
Public Law / Care and Adoption Proceedings
Gary has extensive experience in dealing with care proceedings, ranging from the start of proceedings eg Emergency Protection hearings, through the process of Interim Care Order, Case Management hearings and Issue Resolution hearings.
He has represented Local Authorities, parents, guardians, children and interveners in care cases. He regularly deals with cases involving allegations of neglect, sexual abuse and non-accidental injury, and is fully conversant with the complex medical evidence and expert testimony. He is also experienced in dealing with cases involving adoption, special guardianship, long-term foster care placements, residential placements, secure units and cases involving parties with serious learning difficulties.
Gary
- Acts for local authorities, parents, children's guardians and interveners
- Experienced in particularly sensitive and complex care proceedings
- Experienced in alleged non-accidental injury cases and proceedings
- Sexual abuse
- Particular experience of representing both vulnerable and aggressive clients
- Secure accommodation orders
Family: Finance
Divorce & Separation
Gary has extensive experience in relation to the Financial provisions surrounding divorce and Separation. Over his 40 years of practice Gary has dealt with all interim applications for maintenance and costs, security for costs, applications for provision for a child of unmarried parents under Schedule 1 Children Act 1989 and financial remedy.
Furthermore he is able to advise in relation to pre and post nuptial agreements as well as issuing divorce petitions and defended divorces.
Most cases Gary has dealt with revolve around maintenance pending suit and the financial remedy application on divorce through the 3 stage hearing process. With regard to the latter it is important to get as much financial information ready for the first hearing so that it can be dealt with as an financial dispute resolution hearing, which is a saving on costs.
Of particular importance in either type of case is the need to prepare a comprehensive list of outgoings from the start.
Gary has also a wealth of expertise involving the concealment of assets, family companies, assets abroad, pensions and disputes about property valuations.
In many of these cases the parties are under emotional and/or financial strain and a sensitive, if strong approach is often called for.
Inheritance Act claims
The cases Gary has dealt with nearly all involve representing the partner of the deceased, in an unmarried relationship. Often the deceased had children from an earlier relationship with competing claims to those of the deceased’s co-habitee. Because the costs can escalate quickly with multi parties in a case like this, attempts to settle should be made as early as possible. The settlement process is never easy when the parties have lost a loved one, and a careful and understanding approach is essential when the parties have had such an emotionally traumatic event.
As stated above, the cases Gary has dealt with nearly all involve representing the partner of the deceased, in an unmarried relationship. Often the deceased had children from an earlier relationship with competing claims to those of the deceased’s co-habitee. Because the costs can escalate quickly with multi parties in a case like this, attempts to settle should be made as early as possible. The settlement process is never easy when the parties have lost a loved one, and a careful and understanding approach is essential when the parties have had such an emotionally traumatic event.
No 18 Children’s Arbitration & Resolution
Qualifications
- LLB (Hons) Southampton University 1972
- Bar School obtaining the degree of Utter Barrister
Personal Info
Away from Chambers, enjoys creative writing, having self-published two novels (eg babysrevenge.co.uk) and occasional portrait painting.
Gary's interests requiring more physical exertion include modern jive, skiing, horse riding, driving and breaking horses and walking his dog. The foregoing have lead to an appreciation of at the art of brewing.
News
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Re JW [2023] EWCA Civ 944, 4.8.23 - Limitation of care orders whilst children living at home
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Guest (A’s) v Guest (R) [2022] UKSC 27. Proprietary estoppel (PE). Bullet point law made simple!
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XO v YO [2022] EWFC 114
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Goodyear (H) v Executors of the Estate of Heather Goodyear (deceased) (W) [2022]
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X v Y [2022] EWFC 95 (15 August 2022) HHJ Hess.
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IR v OR [2022] EWFC 20 - Pre-marital wealth, - validity of pre-nup - up to £184m assets - valuation of business.
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Gallagher v Gallagher [2022] EWFC 52 - Mostyn J’s guidance and views on reporting restrictions, indicating openness. (Plus EWFC 53 - premarital acquired assets, company valuation - linear approach)
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VV v VV 2022 EWFC 41 (13.5.22) Short childless marriage - cohabitation period - conduct/misconduct - needs
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Traharne v Limb [2022] EWFC 27 (31 March 2022) - Post nup agreement (PNA)
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WC v HC [2022] EWFC 22 - Financial Remedy directions reminder from Peel J - concise expositions of law - departure from equality based on needs (22.3.22)
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Maintenance pending suit, reminder of principles and Peel J, and amendment of standard orders
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Loggie v Loggie [2022] EWFC 2 (27 January 2022) Experts fees - guidance from Mostyn J.
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Crowther v Crowther (failure to disclose – conduct - unequal division of remaining assets ordered)
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Costs and needs based awards
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JM v KK 6/9/21[5] - First instance financial remedy - foreign element - low value assets - high costs - departure from equality of both liquid assets and pension - pension treated separately - child maintenance dealt with.
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E v L (2021) EWFC 63 Short childless marriage - Phase 2 - Costs - importance of being reasonable and making offers
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ND v GD 2021 EWFC 53 (14 June 2021) Peel J[2].
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Should nominal periodical payments be activated into substantial payments?
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LM v DM [2021] EWFC 28
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AS V CS (Private FDR Guidance) 19th April 2021, Mostyn J.
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A v R [2020] EWHC 3729 (Fam) - Procedure for decree nisi, and effect on subsequent financial remedy order - when is a decree nisi not a decree nisi? - when is a final financial order not a final order?
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Villiers v Villiers [2021] EWFC 23 - s27 MCA - Mostyn J’s interpretation.
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Kicinki v Pardi [2021] EWHC 499 (Fam) Thwaite jurisdiction - executory order - revisiting a final financial order - giving indemnity on behalf of non-parties.
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Hussain [2021] EWFC 13 : Notice of appeal filed 14 months after final financial order - leave to appeal granted
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AZ v FM [2021] EWFC 2 - Capitalisation of Child Maintenance, standard or indemnity costs.
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WX v HX [2021] ( Matrimonial & non matrimonial property - valuation date, sharing and needs)
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Covid and Barder : FRB v DCA (No 2) [2020]
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Derhalli v Derhalli [2021] EWCA Civ 112 - occupation rent pending sale of the marital home?
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Crowther v Crowther [2020] EWHC 3555 (Fam) - Indemnity costs
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CB v EB [2020] EWFC 72 Mostyn J : Financial Remedy - Scope of s31(F)6 Matrimonial and Family Act 1984 & FPR PD9A - Varying, setting aside final financial remedy orders.
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Financial Remedy :Litigation conduct by H, failure to negotiate reasonably by W, leading to cross costs orders (OG v AG 2020 EWFC 52)
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Negligence and Limitation in financial Remedy
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Updated: Practice Direction on Committal for Contempt of Court in Open Court
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Decisions on Pensions in financial remedies cases: Wait for one and three come along at once
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Financial Remedies Courts: Structure document and Good Practice Protocol
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A (short) Guide to the Treatment of Pensions on Divorce The Report of the Pension Advisory Group (PAG) July 2019
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Case study : Order for lump sum -v- undertaking to pay a lump sum
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STOP PRESS : Does Boris need a non-cohabitation agreement
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Stop Press :Simplistic Pensions Overview.
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Stop Press :Simplistic Pensions Overview.
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NEWS FLASH : Disclosure in the Family court
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News Flash :Slow disclosure of medical records under DPA /GDPR
Newsletter Articles
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'Joint’ appointed expert (mortgage/financial adviser) for the parties mortgage illustrations
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Financial remedy - lump sum ordered against a third party - treatment of pension entirely acquired before the marriage - specialist financial remedies court
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S4 Inheritance (Provision for Family and Dependents) Act 1975 Applying for permission out of time
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Nikah ceremony - valid or void marriage?
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Rule of court - financial remedy
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Rule of court - financial remedy
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Sharing after Sharp v Sharp [2017] EWCA Civ 408 13/06/2017
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Undertakings, Agreements and recitals of fact in financial remedy orders
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Expert Witness Wins Apology and Payment From The Legal Aid Agency
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Consumer Rights Act 2015
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Enforcing and varying undertakings in consent financial remedy proceedings