Hamish’s family law practice is concerned with the financial claims of: spouses on divorce; co-habitees upon separation and dependants from the estate of a deceased. In the context of financial provision on divorce, he has particular expertise in: cases involving family businesses; professional clients and the military.
He advises and represents co-habitees, co owners and other family members on property issues including legal and beneficial ownerships and promisory and proprietary estoppel. He also provides advice and representation in ancillary relief matters, appearing in both County and High Court. He advises on Inheritance Act cases.
Recent notable cases
O v O ((On-going) Court of Appeal) Acting for a Husband who has successfully contested his Wife’s petition of divorce. Munby J granted the Wife permission to appeal and the appeal is to be heard by the full Court in February 2017. In the meantime, the Wife’s claim for financial provision is adjourned pending determination of the appeal. Assets of c. £15M including companies and foreign properties.
A v V ((2015) CFC) Applications for: a declaration of paternity and relief under Schedule 1 of the Children Act 1989. Representing a UK resident mother in her applications against a Dubai- based businessman father. Father was extremely wealthy and chose not to disclose his assets, running a ‘millionaires defence’. The case involved issues of: jurisdiction and the extent to which a previous agreement reached by the parties should be binding on them.
MB v The Executors of EB (Deceased) ((2016) Bristol CC). Representing a widow on her application for financial provision from her deceased husband’s estate. Her husband’s estate left nothing to the widow save an entitlement to remain at her family home for life.
D-C and ors v The Personal Representatives of N-C (2013). Inheritance Act claim. The claim was bought by a number of dependants against the estate of the deceased who was a property developer on the South Coast. The estate included a number of properties and the shares in the deceased’s company.
S v D (2013). Financial claims between a Cohabiting Couple. Competing claims to various interests in the parties’ family home; farming business and associated farmland.
C v R (2013). Financial claims over Dynastic Wealth within a Family. Competing TOLATA claims concerning 2 existing properties but involving tracing financial interests through a 3 further houses.
Hamish was until 2012 the Chair of the Hampshire Family Justice Money and Property Committee. He is regularly invited to lecture at external conferences and offers bespoke in-house training seminars for clients.