Contact and Clerk
Clerk: Gareth Latchem
Marie has practised primarily on the Western Circuit since her call to the Bar in 2000. With over 15 years experience Marie is not only a strong advocate but also a sound adviser on matrimonial and civil matters.
Her matrimonial practice centres on financial remedies with a particular specialism in cases involving companies and partnerships with third party interveners
Marie’s civil practice focuses on claims in the Court of Protection in both Health and Welfare, and Property and Affairs (in particular statutory wills and deprivation of liberty safeguards). In addition, Marie has considerable expertise in the areas of contentious probate, Inheritance Act claims, TLATA and other property claims.
“A go-to barrister for complicated civil issues.” “She has an excellent rapport with clients.” Chambers and Partners 2016
Marie has longstanding experience with Family Law both in respect of public law children matters and financial remedies.
PUBLIC LAW CHILDREN
Marie is experienced at dealing with fact finds and care proceedings acting for parents, guardians and local authorities in all relevant courts.
Marie is highly experienced in advising spouses in relation to their financial settlement during the divorce process. She has acted for high net worth individuals, professionals and family business owners. Marie undertakes all aspects of work involved in financial remedy claims such as advising at the outset of claim, maintenance pending suit applications, section 37 applications, through to final hearings. Marie has a particular expertise in third party claims against a divorcing couple involving civil elements such as TLATA claims and loans.
Marie also undertakes cases pursuant to Schedule 1 of the Children Act 1989 for unmarried parents to claim financial provision for their children.
Marie’s financial remedy practice is complemented by work in the civil courts advising and representing cohabiting couples in TLATA claims. Marie also acts for business associates with TLATA claims when those business associates decide to part ways. She can also provide advice on equitable accounting in such claims. Marie has expertise in advising on prospects of success, drafting pleadings and representation throughout the process to trial.
Typical cases include:
- Claims by individuals against former co-habiting partners;
- Claims by individuals against former business partners;
- Advising on the prospects of success of a claim.
COURT OF PROTECTION
Marie has practised in all matters pertaining to the Court of Protection. Her work covers statutory wills and various other property matters as well as health and welfare claims, including but not limited to challenges against standard authorisations pursuant to section 21A.
Typical cases include:
- Applications to make a statutory will on behalf of an incapacitated individual;
- Applications to the Court of Protection for declarations pertaining to dealings with an individual’s property;
- Applications to the Court of Protection for declarations pertaining to dealings with an individual’s care.
CONTENTIOUS PROBATE & INHERITANCE ACT CLAIMS
As well as Court of Protection work, Marie is adept at providing advice and advocacy skills in relation to inheritance claims by dependents against a deceased’s estate and claims involving testamentary capacity, want of knowledge and approval, undue influence and fraud.
Marie also advises and represents clients on the rectification of wills and the validity of mutual wills.
Typical cases include:
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975;
- Claims against a deceased’s estate for the deceased’s lack of testamentary capacity upon execution of the will;
- Claims against a deceased’s estate where the deceased was coerced into making and executing a will;
- Applications to court to rectify the deceased’s will where there has been a mistake in the drafting.
Marie accepts instructions from members of the public subject to the matter meeting the requirements of the Bar Council. If you would like to instruct Marie please call the clerks to discuss the matter further.
Marie regularly lectures on her specialist topics to other professionals alone or with colleagues. She has provided SRA accredited training to solicitors.
Marie has co-authored a publication with Claire Wills-Goldingham QC relating to practice in the Court of Protection called “Court of Protection Made Clear”. The book is due for release in Summer 2016 but the accompanying website is available: http://www.courtofprotectionhub.uk/