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Watch - Conduct in Financial Remedy Proceedings

8th January 2025

Watch the recording of 'Conduct in Financial Remedy Proceedings' first broadcast on Tuesday 7th January 2025 with speakers Samantha Hillas KC, Nicholas Allen KC (29BR), Nichola Gray KC (1HC), Anita Mehta (4PB), Emma Hitchings (University of Bristol) and Christine Gentry (Law Commission) who analyse the most up to date publications which are set to change the way in which we view conduct in Financial Remedy cases.

This webinar aims to offer a comprehensive review of the most recent developments in this area of financial remedies practice, tipped to be the hot topic of 2025.

Topics covered in this webinar include:

  • The current law and practice on conduct
  • The Fair Shares supplementary report on domestic abuse
  • Resolution’s report on Domestic Abuse in Financial Remedy Proceedings
  • The Law Commission Scoping Report
  • Where do we go from here?

Thank you to all those who asked questions/made comments in the Q&A during the webinar. Many interesting issues were raised. As there wasn’t time to respond to these ‘live’, they will be picked up in a forthcoming blog post about the webinar.

Domestic abuse in financial remedy proceedings -Resolution - https://resolution.org.uk/wp-content/uploads/2024/10/Resolution_DAFRP_Report_ONLINE.pdf

Fair Shares? Sorting out money and property on divorce - https://www.bristol.ac.uk/media-library/sites/law/news/2023/Fair%20Shares%20report%20-%20final.pdf

Dividing property and finances on divorce: what happens in cases involving domestic abuse? - https://www.bristol.ac.uk/media-library/sites/law/documents/2024/FINAL%20DA%20Report.pdf

Financial remedies on divorce and dissolution A scoping report - Law Commission - https://cloud-platform-e218f50a4812967ba1215eaecede923f.s3.amazonaws.com/uploads/sites/30/2024/12/Financial-Remedies-scoping-report-Dec-24-1.pdf

SPEAKERS

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Samantha Hillas KC, St John's Buildings

Sam Hillas is a senior member of SJB’s matrimonial finance team, dealing exclusively with financial remedy work. Commended by Chambers and Partners and Legal 500 as a “charismatic and client-friendly advocate” who “works like a Trojan”, Sam specialises in high net worth and/or complex cases, especially those involving marital agreements, trusts and corporate structures, cases involving non-disclosure and Schedule 1 Children Act.

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Nicholas Allen KC, 29 Bedford Row

Barrister and Joint Head of Chambers at 29 Bedford Row (London). Door Tenant at St. Ives (Birmingham). IFLA arbitrator and PFDR/ENE tribunal. Appointed Queen’s Counsel in 2018, a Deputy High Court Judge in 2021, and a Recorder of the Family Court in 2016. Bencher of the Middle Temple. Contributing Editor to The Family Court Practice and editor of the family law chapters of Foskett on Compromise. Regular lecturer including to the Judicial College. Chair of the UK Association of LGBTQ+ Judges.

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Nichola Gray KC, 1 Hare Court

Nichola was appointed Queen’s Counsel in 2021 and is joint Head of Chambers at 1 Hare Court—the first woman in its 200 year history to hold this post.

She has over 30 years’ experience during which she has practised exclusively in financial remedy cases. She specialises in complex cases, particularly those involving corporate structures, on-shore and off-shore trusts and cases which have an international element. In addition, she is a recognised specialist in disputes between unmarried parties where there is a Schedule 1, Children Act 1989 element to be considered. She is also regularly instructed to advise on and draft pre-nuptial agreements and has a wealth of experience in both defending and challenging such agreements, having represented the wife in the frequently cited case of KA v MA (Prenuptial Agreement: Needs) where she successfully challenged the terms of the pre-nuptial agreement. She is renowned both for her attention to detail and for her robust performance in Court.

Nichola is a member of the Chartered Institute of Arbitrators and regularly sits as a Private FDR Judge and Arbitrator where her ability to find innovative solutions is highly regarded.

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Anita Mehta, 4PB

Anita Mehta is a barrister at 4PB. Anita is a member of Resolution’s Pension, Tax and Financial Remedy Committee, co-host of its podcast – https://resolution.org.uk/podcast – and co-Chair of Resolution’s working party on domestic abuse in financial remedy cases.

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Professor Emma Hitchings, Bristol University

Emma Hitchings is a Professor of Family Law at Bristol University and has undertaken a range of empirical studies on financial remedies and family justice issues. She is the co-editor of the Journal of Social Welfare and Family Law and is co-author of Bromley's Family Law (OUP, 2021).

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Christine Gentry, Law Commission

Christine Gentry is a lawyer in the Law Commission’s Property, Family and Trust team. She is working on the financial remedies on divorce project, having previously been involved in the weddings and surrogacy projects. Before joining the Law Commission, Christine practised as a family solicitor.