Compensation Claims on Divorce – how exceptional do they have to be
26 May 2020
Location: 12.00pm - 1.00pm, Virtual Conference (Zoom) Members: FREE - Book by 26 May

Highlights
Compensation Claims on Divorce – how exceptional do they have to be after RC v JC [2020] EWHC 466(Fam)?
- Compensation was established as the third strand, along with needs and sharing, by which financial claims on divorce are determined in the landmark case of McFarlane [2006] UKHL24. Whilst compensation enjoyed a brief moment in the spotlight when Mrs McFarlane claim to be entitled to compensation was updated by the House of Lords, thus establishing the concept, it fell rapidly behind its two now commonplace contemporaries of needs and sharing and hardly ever features in negotiations and judgments on financial remedy claims.
- Whilst subsequent case law considered the basis of “relationship generated disadvantage” , it was not until RC v JC that a substantial sum was ordered for compensation as a separate element of the award.
- In this webinar, we will look at how the principle of relationship generated disadvantage has developed and why so few cases have succeeded in establishing the payment of compensation and provide a comprehensive update on this area of the law since McFarlane.
The team which acted for the successful wife in RC v JC will explain how difficult it is to establish a claim for compensation and the very high threshold that has to be reached before any such award will be made. They will also look at the practical considerations that apply and why the judge sounded a warning that his judgment should not be seen as any sort of “green light” for launching a claim for compensation unless the circumstances are truly exceptional

Partner
Kingsley Napley
Jane Keir is a partner in the family and divorce team. Described as a "class act" by her peers and colleagues alike, she is "absolutely dedicated to getting the job done for her clients many of whom are high profile or international".
Jane acts for equal numbers of men and women and many of her clients come from across the country and abroad, as well as London. Much of her work involves an international element and she enjoys working with other lawyers, accountants, actuaries, financial advisers, wealth managers and investigators in order to provide a thorough and comprehensive service to her clients. In addition, she has immediate recourse to all the other leading teams at Kingsley Napley LLP, including Private Client, Immigration and Real Estate.

Kingsley Napley
Barrister
QEB
QEB
Senior Associate
Kingsley Napley
Kingsley Napley
Barrister
QEB
QEB
Agenda
Speakers:
Jane Keir - Partner - Kingsley Napley
Lucy Stone QC - Barrister - QEB
Stacey Nevin - Senior Associate - Kingsley Napley

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