TL4
Virtual

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

Jane Keir
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.


Jane Keir
Jane Keir Partner
Kingsley Napley
Lucy Stone QC
Barrister
QEB

Lucy Stone QC
Lucy Stone QC Barrister
QEB
Stacey Nevin
Senior Associate
Kingsley Napley

Stacey Nevin
Stacey Nevin Senior Associate
Kingsley Napley
James Ewins QC
Barrister
QEB

James Ewins QC
James Ewins QC Barrister
QEB

Agenda

11.55am
Audience Logon
12.00pm
Chair's Opening Remarks
Speakers:
James Ewins QC - Barrister - QEB
12.05pm
Compensation Claims on Divorce – how exceptional do they have to be after RC v JC [2020] EWHC 466(Fam)?
Speakers:
Jane Keir - Partner - Kingsley Napley
Lucy Stone QC - Barrister - QEB
Stacey Nevin - Senior Associate - Kingsley Napley
12.35pm
Panel Session Q&A
12.55pm
Chair's Summation & Close of Event
Speakers:
James Ewins QC - Barrister - QEB

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Contact Us

If you are interested in this event and would like some more information before making your decision to attend please contact Paul on +44 2071 014155 or email paul@thoughtleaders4.com