Christian Durham Hall

Door Tenant

2 Dec

Written By Nick Calton, Toucan Creative

Door Tenant - Call: 2009

Christian Durham Hall (Door Tenant)

B.A. (Hons), History

Postgraduate Diploma in Law

LL.M

Bar Vocational Course

Gray’s Inn

Public/Direct Access Accredited

Shakespeare Memorial Scholar, Gray’s Inn

Lord Williams of Mostyn Advocacy Award, Cardiff University

Repton School Scholar

Legal Aid Supplier Number 246ZN

Christian specialises in the following areas:

All family law matters including Financial Remedy (Ancillary Relief), Cohabitation Disputes, Public (Care) Children, Private Children and Family Law Act cases
Chancery (Property) cases
Inheritance (provision for family dependant) claims
Inquests

Expertise

Family

Christian has a wealth of experience in the following areas:

Matrimonial Finance / Financial Remedy (Ancillary Relief)
Schedule 1 of the Children Act 1989 applications
Contested Divorce
Cohabitation / Trust disputes
Inheritance (Provision for Family Dependents) Act cases
All private and public (Care) children law cases
Cases involving jurisdiction disputes
Family Law Act / Injunction cases. Including Forced Marriage Protection Orders.

Some recent examples of Christian’s practice:

Matrimonial Finance / Financial Remedy (Ancillary Relief)

Six day preliminary hearing acting for an intervener responding to a number of s.37 applications involving properties and Business Interests. Christian successfully argued that the properties were held by her on trust for family members going back many years.

Junior in a high net worth case involving considerable business interests / assets, short marriage and needs (capital and maintenance).

Lengthy high net worth case involving a mammoth equity deal, shares, contributions, bonuses and periodical payments (including a disability of the payee where experts were involved).

Cases involving considerable pension funds and whether there should be discounting, equalisation and needs arguments following short to mid term marriage length.

Cases involving pre and post marital acquisitions including inheritance, bonuses and Company assets and arguments on needs and sharing.

Cases involving considerable property portfolios (within and outside the jurisdiction of England and Wales), contributions, needs and sharing.

Successfully responded to an appeal (before a s.9 Judge) based on inheritance, pension and contribution grounds following a long marriage case.

Successfully pursued a committal application due to disclosure non compliance.

Cases involving third parties intervening into proceedings concerning applications to set aside past transactions, claims for considerable contributions, loans, gifts and equitable interests.

Exceptional cases involving allegations of Conduct relating to serious violence / abuse and financial misdemeanours (whether gross and obvious).

Cases involving considerable Family Discretionary Settlement Trusts and Family Company assets and whether the court should encourage the release of funds for financial provision to the non-Trust member.

Cases on whether periodical payments (spousal maintenance) should be for life.

Cases involving the variation of periodical payments orders.

Cases where Bankruptcy, Insolvency and Proceeds of Crime were very much central issues. The Official Receiver and CPS intervening.

Cases with considerable farming related assets.

Cases involving parties in the Army, Police Force and NHS.

Many cases involving enforcement proceedings.

Schedule 1 of the Children Act 1989 applications

Cases involving considerable assets outside the jurisdiction.

Cases involving school fees.

Cases where the income of the payor exceeds the CMS threshold.

Cases involving suitable housing provision for the benefit of the child[ren].

Contested Divorce

Arguments over the validity of the marriage.

Jurisdictional issues.

Disputes surrounding the recognition of overseas divorce.

Cases involving the null and/or void marriages, particularly in Asian marriage disputes.

Contests on the actual grounds of divorce and whether facts made out.

Cohabitation / Trust disputes

Lengthy hearing against a silk where Christian successfully argued that one of the sons [his client] held the property on a resulting trust for his father. Issues of constrictive trusts and proprietary estoppel were also argued/considered.

Lengthy hearing where the father / husband had died intestate and whether the mother / wife or son had an interest in the family home.

Many cases involving claims for a beneficial interest in the property or properties and a departure from the legal title (whether in the sole or joint names of the parties).

Cases involving a legal challenge to the validity of the Declaration of Trust and whether this should be rescinded and/or set aside.

Numerous cases involving the principles surrounding constructive trusts, resulting trusts, proprietary and promissory estoppel and occupational rent (for the latter involving an account of rent in a domestic or company capacity).

Cases involving an overlap between Inheritance and Beneficial interest.

Cases where issues surrounded the conveyance of properties to a third party and whether they were a bone fide purchaser acting in good faith and with notice. Establishing a beneficial interest and ultimate set aside.

Private and Public (Care) children law cases

Christian frequently represents parents, family members, Local Authorities and the Guardian:

Led in a four and a half week Threshold and welfare hearing, before a s.9 Judge, acting for a Local Authority where findings sought were made relating to historic and recent sexual harm on children and exaggerated illnesses.

Being led in a lengthy Finding of Fact hearing involving sexual abuse. Successfully represented the father after further representations being made the court changed course to not make the most serious findings (having previously done so). Also, issues involving the flagrant breach of ABE and child protection policy guidance.

Four week Finding of Fact hearing representing the Guardian involving multiple allegations of inter and extra -familiar historic child sexual abuse. Judgment and reasons expanded upon following Court of Appeal ruling.

Three week finding of fact hearing representing A Local Authority involving multiple serious bruising. Despite admissions by a parent findings were made.

Finding of Fact hearings involving non accidental injuries, such as multiple bruising, burns, biting, broken limbs, ribs and skull fractures. These naturally involved extensive cross examination of medical experts.

Lengthy Finding of Fact hearing involving 17 children acting for an intervener who was alleged to have attempted to kidnap a family member for the purposes of aiding and abetting a forced marriage. There were overlapping Public Law Proceedings. Christian successful secured the dismissal of the application and interim orders. No Care Proceedings were initiated.

Cases involving allegations of fabricated / fictitious illness. This includes currently being led in a lengthy case where these issues are live.

Numerous cases where children and vulnerable individuals have given evidence.

Cases involving the diagnosis of Psychological and Psychiatric disorders.

Cases where instructed by the Official Solicitor.

Numerous cases involving allegations of emotional and physical harm and neglect.

Cases where a child or parent has been murdered.

Several cases with an international and jurisdiction element. These included consideration of Brussels IIA and the Hague Convention (or not as the case may be), the practicalities of assessing family members abroad and ultimate placement of the child in another country.

Inheritance (Provision for Family Dependents) Act cases

Christian has represented family members (including children) and estates where one or more parties seek further reasonable financial provision from the will (or when died intestate).

Business, Property and Probate

Christian specialises in the following areas:

Trusts of Land/Inheritance

Land/Property disputes following the break down of relationships / cohabitation.

Family disputes where interests, rent and profit, is sought in numerous properties and Businesses held in different names.

Trust of Land and Appointment of Trustees Act 1995 cases [see above in the family section].

Disputes under the Inheritance (Provision for Family Dependant) Act 1975 [see above].

Housing / Property

All private, social and commercial property disputes.

Some examples of Christian’s practice include

Breaches of Commercial Leases where unlawful eviction has taken place, failing to comply with the contract such as reasonable or unreasonable refusal to give consent to assign the lease, disrepair and dilapidation issues.

Numerous cases where the tenant has been unlawfully evicted.

County Court proceedings and appeal hearings on possession proceedings and mortgages obtained by fraud, and validity of notices for possession.

Cases where discrimination was argued (successfully) as a Defence and Counterclaim in housing injunction and possession proceedings.

General possession and injunction proceedings.

Christian also regularly represents Local Authorities in non-domestic business rates appeals.