Finance/Property Team

Finance/Property Team


Our Family Finance and Property team continue to go from strength to strength providing legal advice to parties on all aspects of finance and property matters, from complex trust arrangements to high value or more modest financial claims.

Barristers appear at all levels of court but are also conscious of the cost of litigation and strive to reach an early compromise with parties if possible. Our team’s experience and expertise is consistently recognised by the independent legal directories as well as for the courteous and professional service our barristers and clerks provide.

Our team are committed to finding pragmatic and sensible solutions to all legal problems and are committed to securing the best possible results for their clients.

The finance team regularly undertake:

  • Schedule 1 claims
  • TOLATA
  • Financial Provision following divorce issues:
  • Multiple Businesses
  • Trusts
  • Pensions
  • Concealment of assets
  • Inherited Wealth
  • Interveners
  • Variation
  • Enforcement
  • Freezing Orders
  • Search orders
  • Farming
  • Contested Divorce
  • Inheritance Act
  • Professional Negligence in context of Financial Provision

Recognising the financial pressure on parties, our Finance team were market leaders in setting up one of the first fixed fee schemes for those on a limited income (as featured in The Lawyer magazine).

Conferences/Consultations can be arranged in any of our 5 locations – all of which have parking and video conferencing suites if required – or at a client’s office if more convenient. 

Independent settlement solutions offered by 3PB’s specialist Money Team.

The family court process has become more streamlined and many cases are now resolved with fewer hearings, the most pivotal of which is the F.D.R. (Financial Dispute Resolution) hearing.  This hearing provides both guidance for future conduct of the case and opportunity to advance/settle matters where appropriate.  The success rate at these hearings is good so demand is therefore high.

Advantages of the service

The family team at 3PB are pleased to offer a service which is designed to work in tandem with this system.  Our senior part-time Judges can now offer Early Neutral Evaluation which is a private form of F.D.R hearing, held either in chambers or a venue of your choosing.

The many benefits include:

  • Cost effective
  • Limited delay
  • Greater flexibility with dates.
  • Private F.D.Rs can be conducted at any stage during the court process.
  • Choice of venues to suit all parties.
  • Unlimited range of issues which can be dealt with at once.

The scheme we offer is voluntary and is designed as a bespoke enhancement to the court process. (it also potentially saves time for the Court).

How it works

The actual process of the private FDR is almost identical to the current court process. At the initial FDA (First Directions Appointment) the parties indicate their intention to attend a private FDR. The court will be asked to list the case for a 1 hour Directions Appointment after the private FDR so that the court can either approve the agreement or give final directions for hearing.

What this means for each party is that the papers in each individual case are considered prior to the hearing, with each person having representation by a lawyer if they wish. Anything discussed during the meeting will be without prejudice so cannot be referred to at future hearings. Without prejudice correspondence will also be considered at this stage. Guidance is given as to the likely range of outcomes, potential strengths and weaknesses of each case as viewed on the day and how the parties can move forward and settle their case.
 
If settlement is achieved, Heads of Agreement are drawn up and at the later Directions Appointment the court is asked to approve a consent order, which will be binding on both parties in the usual way.

Advantages

This private mediation scheme is proving hugely successful in UK courts.  The advantage over the court process is that each individual case is the only one considered on that day, giving each party the time and space needed to consider all the points at what is often a difficult and stressful time. It is also likely that a more speedy hearing date will be agreed rather than the usual listings in some London  courts. 3PB has five UK offices so can offer a suitable venue for meetings or can travel to any venue to suit our client.

For an informal and confidential discussion on how 3PB’s Money Team can assist, contact Robert Leonard on Robert.leonard@3pb.co.uk