Robert Cole
Call: 1991
Robert Cole
Head of the Family Law Team
LLB (Hons), LLM, MCIArb, FLBA
Legal Aid Supplier Number 3490U
Contact
T: 0113 246 2600 or 01274 722 560
Robert is a leading matrimonial finance specialist. He sits on the Chambers Executive Board. Robert is regularly asked to act as adjudicator in Private FDRs and to sit as an Arbitrator. He is the Head of the Family Law Team at Broadway House Chambers.
‘A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts. ’ (Legal 500 2023, Tier 1)
Reputation
Robert has presented a myriad of specialist lectures to the FLBA, Resolution Groups and top-ranked solicitors firms. Robert also lectures at our Family Law Annual Conference and Family Law Webinar Series.
He continues to be invited to lecture at the Judicial College (for the judiciary) on matters dealing with accounts and corporate structures within financial remedy cases, having lectured in 2019, 2021 and 2022.
Ranked Band 1 in Chambers & Partners and Top Tier in Legal 500 for over the last 17 years.
“Robert Cole is widely considered a leading expert for high net worth divorces and separations. He is particularly respected for his ability to handle cases involving highly complex asset structures and businesses, drawing on his accountancy background.”
Chambers & Partners 2023
“A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts”
Legal 500, 2023
“He is very good at managing clients’ expectations and is always phenomenally well prepared.”
Chambers & Partners 2022
“He is a fountain of knowledge and has exceptional case law expertise”
Chambers & Partners 2022
“Robert will always give an honest and open view of the strengths and weaknesses of the case but will also fight hard for the client in court. A pragmatic negotiator.”
Legal 500 2022
‘A superb and highly skilled advocate with a hugely talented mathematical brain. Robert is calm, collected and has excellent instincts.’”Legal 500 2023
Expertise
Robert has worked in the field of matrimonial finance from Call in 1991 but concentrating in this field alone since 2000. He has a recognised practice across the whole of the north of England, the Midlands and beyond. He deals with all range of complex and high value cases involving issues of non-matrimonial source, companies, trusts and overseas assets, forensic analysis of resources and high income maintenance disputes. Robert had a background in accountancy prior to being called which compliments and enhances his work.
Notable Cases
G v L [2021]
Dispute as to W’s claim against wealth held by the parties where H had owned a pre-marital company that was sold during the marriage and whether proceeds then mingled when dealt with thereafter. Dispute as to duration of the marriage; when cohabitation commenced and therefore what growth in company arose within the relationship. Total assets of £16M: W received £6M capital & £1M pension at PFDR.
G v G [2020]
Case involving application of sharing principle to marital acquest: dispute over what constituted matrimonial property after 10 year marriage where W brought £5M to the marriage and H brought shares in family business and pension to the marriage, which had grown by circa £2M during the relationship plus £7500,000 growth in pensions. Extent to which growth a product of joint endeavour or natural growth of pre-marital asset. Decision also to reflect on needs of parties and liquidity of parties given W’s existing wealth. Case settled after PFDR with capital award to W of £750,000 + £250,000 pension.
HW v WW [2020] EWFC B20
Application to re-open consent order on basis that impact of Covid 19 on H’s business was a Barder event. The court determined that the pandemic was capable of being a Barder event but that the impact was a) foreseeable in the specific circumstances of the case and b) the impact was not sufficiently great to warrant the order to be set aside. However, the judge urged a pragmatic approach to the timing of payments and a revision of the periodical payments pending capital payments. The case was subsequently resolved by agreed amendment to original order.
C v C [2019]
H won national lottery prize of £10million prior to marriage. All remaining assets (£5.2million) were derived from this non-matrimonial source. Marriage of 19 years duration; W43: H47. Issue as to whether duration of marriage and treatment of assets diluted weight attached to source of the assets under the sharing principle or whether the case should be approached from need-basis only; further issue as to W’s needs and whether W was cohabiting. W received award of £2million on clean break.
M v M [2019]
Case involving £16.5million assets in the form of land, property and corporate structures (UK and offshore) in 18 year marriage. Central issue as to non-matrimonial source (H claimed £12million brought to the marriage from inheritance/family gifts) and dilution/mingling of assets by acquisition of assets/development of corporate structures using inherited funds. Also issue of meeting needs in context of standard of living; annual budgets of £250,000/£300,000 from each party. W received land/assets of £6.1million generating income of £150,000pa plus retained assets of £900,000 in her name.
J v J [2016] BAILLI M23
Case involving funds misdirected from trading company by false invoicing to offshore Cayman Island bank account, amounting to £500,000. Test for adverse inference considered and applied. Issue of how to structure award, given H’s further movement of the money.
Clerks
Nick Power
Call: 2004 (Solicitor 1998)
Nick Power
BA (Hons) Law and European Business Studies
FLBA
Arbitrator
Legal Aid Supplier Number 106UQ
Contact
T: 01274 722 560 or 0113 246 2600
Nick is a highly sought after financial remedy specialist with over 20 years’ experience. He is regularly instructed by solicitors across the north of England who welcome his expertise and team approach. He is recognised as a “first choice junior for many solicitors handling money work” and is also instructed as a neutral evaluator for private FDR’s.
Reputation
Having been ranked in legal directories for over 15 years, the latest editions rank Nick highly as follows:
Legal 500 – 2023
Tier 1
“A junior with a first-class mind who is great in all areas of financial remedy proceedings. He has an exceptional eye for detail”
Chambers and Partners – 2023
Band 1
“Nick Power is noted for his prowess in handling diverse and complex financial remedy proceedings and family separations often involving pensions, properties and inherited wealth. He is particularly skilled at handling cases with overseas assets and further assists clients with private FDR.”
Legal 500 – 2022
Tier 1
“A highly skilled negotiator and advocate. He provides sound, measured advice and has a good rapport with clients”
Chambers and Partners – 2022
Band 1
Rises in the rankings based on his prowess in handling diverse and complex financial remedy proceedings and family separations often involving pensions, properties and inherited wealth. He is particularly skilled at handling cases with overseas assets and further assists clients with private FDR.
“He has a really good manner with clients and can explain complicated matters in a really easy way.”
“He has a team approach which consists of himself, the instructing solicitor and the client.”
“He is sharp, on the ball and enthusiastic, as well as great with clients.”
Legal 500 – 2021
“Nick is a strong advocate and is my barrister of choice for financial remedy cases. He is always very well prepared and is very thorough in his approach. Again, he provides sensible and realistic advice and instils confidence in clients and instructing solicitors.”
Legal 500 – 2020 – Band 1 of Leading Juniors
Chambers and Partners – 2021
“Highly accomplished family law barrister who concentrates on financial remedy cases, especially those with offshore earnings, pensions and business issues. His instructions often concern assets spread over multiple jurisdictions.”
Strengths: “He manages expectations very well and has a reassuring effect on the client. He’s very balanced when presenting the case.”
“He has the rare ability to distil a complex situation into simple issues.”
“He has a lovely reassuring manner with the client and is very calm and focused but tough in court. He’s just a brilliant advocate.”
Chambers and Partners – 2020
“Highly accomplished family law barrister who concentrates on financial remedy cases, especially those with offshore earnings, pensions and business issues. His instructions often concern assets spread over multiple jurisdictions.
Strengths: “Nick has the very valuable skill of distilling complex situations down into the key issues.” “Well-prepared with an excellent grasp on the issues as well as a confident manner with clients.” “Ideal for a range of financial orders applications”
Expertise
Nick’s practice encompasses all aspects of financial remedy proceedings including applications for financial provision for children under the Children Act 1989 Schedule 1. He is regularly instructed to advise prior to the issue of proceedings and is committed to alternative dispute resolution where appropriate. He has extensive experience of representing business owners, professionals and their spouses, as well as third parties, in cases where the assets are up to £10m. His case load regularly involves the following issues:-
- Property portfolios
- Companies and business interests
- Significant pension assets
- Inherited assets
- Assets outside the jurisdiction including overseas Trusts
- Complex income structures including those offshore
- Farms
- Trusts
- Third party applications and dispute over ownership of assets
Notable Cases
- Recent cases have included:-
- Disputed actuarial evidence in relation to pension sharing and the instruction of separate experts
- An overseas trust and pre-nuptial agreement
- Significant offshore earnings
- Company and property holdings with arguments as to non-matrimonial property and post-separation accrual
Clerks
Emily Ward
Call: 2011 - Deputy Head of the Family LawTeam
Emily Ward
LL.B (Hons) University of Manchester (2010, First Class) (six prizes)
Bar Professional Training Course (2011)
Middle Temple, Godfrey Heilpern Scholar
Deputy District Judge (2019) - Civil, Public & Private Children, and Financial Remedies
Arbitrator
Farquhar Committee Member
Transparency Implementation Group Member
Resolution FLBA
Secretary of Regional FLBA (Yorkshire & Humber)
Women in Law
International Association of Women Judges
Contact
T: 01274 722 560 or 0113 246 2600
Emily is Deputy Head of the Family Team and has a strong, busy practice both on and off the North Eastern Circuit. She is a particularly sought after in matrimonial finance and cohabitation disputes, as well as complex children cases. Emily is consistently recognised as a leading junior in family law in the Legal 500 and Chambers & Partners. She has a keen eye for detail and quickly grasps the key issues in the case.
Emily is also a member of Broadway House Chambers’ Business, Property & Probate Team, and acts in cases where there is a cross-over in jurisdictions and issues.
Emily was appointed as a Deputy District Judge in 2019, at the age of 30, and she holds children (public and private law), civil and financial remedy tickets.
Keen on all forms of alternative dispute resolution, Emily is instructed to act for clients at round table meetings, mediations, private FDRs and early neutral evaluations, as well as arbitrations. She also acts as a Private FDR practitioner/evaluator in financial remedy, Schedule 1 and TOLATA cases, offering her assistance from an neutral perspective with the aim of assisting parties to reach a swift resolution to their disputes.
Emily frequently delivers CPD accredited seminars to groups of lawyers, and is regularly approached to conduct bespoke training in her areas of expertise. She is published in the Family Law Journal, is a case reviewer for Nagalro, Seen & Heard Journal, and has recently taken up the position of Blog Editor of the Financial Remedies Journal. Emily is a published author, being responsible for chapters in both ‘Cohabitation: Law, Practice and Precedents’ and ‘Butterworths Family Law Service’.
Able to accept instructions under the Direct Access scheme, Emily can also provide advice and representation direct to the public.
Reputation
• Author contributor of the leading text ‘Cohabitation: Law, Practice and Precedents’.
• Author contributor of two chapters in Butterworths Family Law Service.
• Lectures for Resolution, FLBA and the Judicial College, as well as for solicitors/lawyers.
• Blog Editor and a member of the Financial Remedies Journal Editorial Board.
• Multiple publications in Family Law Journal.
• Case reviewer for Nagalro.
• Consistently recommended as a Leading Junior in the legal directories since 2017:
‘A high quality junior.’ ‘She is a highly skilled advocate, knowledgeable, and clients like her down-to-earth manner and caring approach.’ ‘Emily is an outstanding advocate who is also fantastic with clients. She always goes the extra mile and works very hard on her written work.’ (2022)
‘A very talented junior, with an extremely bright future. She is a calm and measured advocate, who presents her clients' cases in a strong and persuasive manner. ’ (2022)
‘She punches well above her weight and is not afraid to tackle very complex cases and holds her own against senior opponents. Good knowledge of the law, very down to earth with clients, easy to contact with instructions provides excellent feedback on how a case has progressed or settled in court proceedings. Strong advocate.’ (2021)
‘She's superb - she's got a brain the size of Britain! She has worked on some complex cases where the chances of winning would be slim but pulled off some good results.’ ‘She is very down to earth and can put a client at ease within minutes. She's good at delivering difficult advice clearly.’ ‘She's just an all-round great performer and wise beyond her years.’ (2021)
‘She holds her own against far more senior opponents.’ (2020)
‘A rising star whose expertise spans a range of family law matters, with a focus on matrimonial finance and child-related cases. She represents parents and local authorities in various care proceedings which often involve complex medical evidence.’ ‘She is an exceptional advocate with a great eye for detail who consistently impresses with her representation in both financial and children proceedings.’ ‘She offers great client care and is fearless.’ (2020)
Expertise
Financial Remedy & Schedule 1
Emily is an established matrimonial finance specialist and is highly sought after in financial remedy and schedule 1 cases. She acts for clients from pre-issue, where focus is primarily upon strategy, settlement and advice as to evidence, through to final hearings and on appeal. Her case load comprises high net worth clients with large incomes and substantial capital, business, trust assets and/or extensive pension provision, as well as difficult cases where needs exceed the available assets.
Emily is experienced in advising in cases where the issues include pre-acquired wealth, inheritance, complex business and trust structures, liquidity issues and nuptial agreements. She is also often approached to advise in cases where there have been substantial personal injury awards. Her recent and current cases include:
• Advising in relation to a substantial discretionary family trust, created after a lottery win (+£9m).
• Representation of a party with significant company assets, including a limited company valuation of £5.9m.
• Securing findings of undisclosed assets and foreign income in China. Complex issues concerning jurisdiction and enforcement.
• Advising and drafting pre-nuptial agreement in a high value case with assets in the UK, Russia, Germany, Austria and Iran.
• Currently instructed in a case where assets exceed £12m.
Private Children
In addition, Emily’s family practice encompasses all areas Private Children Law. She advises and represents clients in a wide range of applications, and she is a favourite in cases involving intractable contact disputes, implacable hostility and vulnerable individuals. She is frequently praised for her sensitive yet sensible approach with clients. Recognised for her sensitive approach, Emily has dealt with a significant number of cases in which there has been a parent death or terminal diagnosis of a parent.
Emily also represents clients in cases involving domestic abuse, including coercive and controlling behaviour allegations and also cases where false allegations of abuse against parents and/or children have been made.
Her latest children cases include:
• Representation of a parent at a finding of fact hearing concerning multiple serious allegations of physical, psychological, emotional and sexual abuse against the resident parent and the children, including multiple rape and GBH.
• Representing two professional people at multi-day fact findings hearings in which allegations of coercive and controlling behaviour were found proved.
• Acting for a parent in a case where false allegations of sexual abuse were made against him, and found after trial to have been fabricated by the other parent.
• Acting for grandparents in a case where their son had been killed, contact with grandchildren stopped by the other parent and allegations of sexual abuse made against one of the grandparents. Findings of fabrication were made and contact was reinstated.
Civil
Emily’s civil law practice incorporates a range of matters, including land and trust disputes (to which she brings extensive legal knowledge from her authorship and editorship in leading practitioner cohabitation texts), Inheritance (Provision for Family and Dependents) Act 1975 claims, and bankruptcy and insolvency in a family law context.
Given her family law practice, Emily has particular specialism in civil and chancery matters with a family element, including advising in professional negligence issues stemming from family law proceedings/advice and land and trust disputes in a family setting.
Emily’s recent cases include:
• Acting for a client resisting an application to annul his bankruptcy petition. Linked financial remedy proceedings.
• Representing an intervener in civil proceedings (the family proceedings having been stayed pending the outcome of the civil dispute) concerning various property transactions and arguments as to beneficial interests in property.
• Currently instructed in two cross-over cases where issues of financial remedy and probate collide.
• Currently instructed in five farming cases, which include partnership disputes and third party property rights.
Notable Cases
Re W [2016] EWCA Civ 793 (July 2016) – Representation of grandparents on pro-bono basis unled against three silks. Important and leading case in relation to adoption.
Re W (Adoption – Contact) [2016] EWHC 3118 (Fam) – Re-hearing of Re W (below). Appeared against a silk unled.
Re W [2016] EWHC 2437 (Fam) - First instance contested adoption case.
IC v RC [2020] EWHC 2997 (Fam) – Important case in relation to the slip rule and legal principles associated thereto.
SH (A Child) [2020] EWHC 1510 (Fam)
O v O (2020): Finding of fact hearing in private children proceedings where Emily’s client was accused of sexually abusing his step-daughter over a prolonged period of time. Careful consideration and handling of the child witness was required taking account of advocates toolkits and special measures.
W v W (2021): Representation of the respondent in high value and complex financial remedy proceedings in a civil partnership dispute. Significant issues in the case included the respondent’s: (i) substantial pre-acquired assets; (ii) the respondent’s interest in a by-pass trust (c.£1M); (iii) significant inherited assets; (iv) shareholding in a company with a value of £16.6M; and, (v) interest in a newly incorporated company. Expert evidence was required, including in relation to the impact of Covid-19 and extraction of funds for the settlement. The added complication in this case was the short length of the marriage, but also the applicant’s health needs and the potential for ongoing spousal maintenance payable by the respondent. Case settled on a clean break basis, which excluded the majority of the pre-acquired assets.
F v M (2021): Representation of a father contested jurisdiction proceedings in the High Court. The final hearing, which ran over four days, involved complex issues of fact, with multiple witnesses giving evidence from different countries, and complex issues of law (including Qatari law) were considered.
Clerks