Matthew Rudd
Call: 1994
Matthew Rudd
Head of Employment Law Team
ELA
FLBA
Chambers and Partners
Legal 500
Contact
T: 01274 722 560 or 0113 246 2600
Matthew is Head of the Employment Team with over 27 years experience. He undertakes work in the Employment Tribunal, Employment Appeal Tribunal and Higher Courts. He is also a member of the Family Team undertaking Financial Remedy and TOLATA and Inheritance Act work. Further, Matthew has expertise in sports law and civil claims relating to his Employment and Financial Remedy Practice.
Reputation
Matthew regularly presents at Employment and Family Seminars and undertakes private FDRs.
Matthew is ranked in Chambers and Partners and the Legal 500 for his Employment practice:
"Matthew Rudd is head of the chambers' employment law practice. He is well versed in a range of complex unfair dismissal and discrimination claims" (Chambers and Partners, 2023)"A tenacious advocate with a calming influence. Practical, thorough and exceptionally dedicated" (Legal 500, 2023)
"Effective and enormously experienced, he has impressed me. He can really analyse the important merits of a claim." "An experienced employment barrister, he is thorough and pragmatic as well as being a good advocate." "He cuts through legal issues and explains everything with such ease." (Chambers and Parners, 2022) 'An exceptionally dedicated barrister. He cuts through complex legal issues with ease. Experienced and unflappable.”(Legal 500, 2022)
Expertise
Employment
As Head of the Employment Law Team, Matthew undertakes work for both employees and employers and has extensive experience in Unfair Dismissal, Discrimination, TUPE and Restrictive Covenants. He regularly handles multi-day cases with large bundles.
Family Law
Matthew has considerable experience in Financial Remedy high value asset cases and cases involving family businesses. He regularly undertakes TOLATA work and Inheritance Act Claims.
Civil and Sports Law
Matthew undertakes Civil and Sports Law work connected to his Employment and Family practice.
Notable Cases
F v H: Successful Claim for unfair dismissal and discrimination and successfully defended the appeal to the EAT;
C v SDCC Arguments over whether conditions amounted to a disability with a large number of witnesses and whether dismissal due to disability or SOSR;
F v JCT Claim involving unfair dismissal and disability discrimination. Respondents awarded £10,000 costs despite Claimant claiming to be impecunious;
B v SN Advising the Claimant in ongoing ET proceedings involving claims for harassment, victimisation and sexual orientation discrimination over a number of years;
I v A Represented the Claimant in a complex claim for breach of contract and unlawful deductions from wages with a counterclaim by the Respondent. Successful in all aspects of the claim;
U v L & C Complex case involving a TUPE transfer acting for the transferee who was jointly and severally liable for obligations of the transferor under regulations 13 and 14 of TUPE. Multi handed case involving test Claimants for 25 representative Claimants.
Clerks
Ian Miller
Call: 1999
Ian Miller
LLB (Hons) (Pg Dip) (FLBA)
Legal Aid Supplier Number 385FD
Contact
T: 01274 722 560 or 0113 246 2600
Ian is a renowned matrimonial finance and family trusts/TLATA Barrister. Ian also accept instructions in:
Breach of Confidence (and confidentiality)
Misuse of Private Information and how to protect privacy
Defamation (libel and slander)
Advice on publications, press releases and websites to as to ensure privacy is maintained, consents received, and that material published is not defamatory or in breach of copyright.
Ian is able to undertake private FDR hearings for Trusts of Land proceedings, Inheritance Act proceedings and Financial Remedy cases.
Reputation
Ian has been a regular speaker on the professional legal lecture circuit for many years including being part of the Jordans publishers’ team early on in his career. Ian regularly speaks at Broadway House Chambers CPD and training events and is regularly invited to speak at events organised by legal professionals. During his time at the university Ian spoke regularly to public and private audiences on media law, artificial intelligence and the law and IT and regulation. Ian has been a panel member on a number of local and regional radio broadcasts on matters such as human rights, artificial intelligence and driverless cars.
In 2014, Ian joined the University of Bradford as a lecturer whilst maintaining his practice in Chambers. During his time at Bradford Ian set up the School of Law’s first Law Clinic, acted as Deputy Head for 3 years and was the Director of Clinical Legal Education. Ian resigned his Associate Professorship at the University in 2022 to return to full time practice.
Expertise
Family/Civil
Ian has worked in the field of matrimonial finance and TOLATA from Call in 1999 but has focused on matrimonial finance and TOLATA exclusively since 2014. During his years of a mixed practice Ian undertook a broad range of civil and family work including child protection, professional negligence, Land tribunal cases, employment law and general common law. These previous practice areas provide Ian with a good grounding in other areas of law that regularly pervade into complex financial remedy cases involving partnerships, third party property ownership, companies, and tracing.
Ian is able to undertake private FDR hearings for Trusts of Land proceedings, Inheritance Act proceedings and Financial Remedy cases.
Sports Law
Having taught for several years at the University of Bradford, Ian has developed an expertise in privacy law, misuse of private information, breach of confidence and media law.
Whilst teaching at the University of Bradford, Ian wrote modules on privacy and defamation law and taught law and media in the digital age to both undergraduate and post graduate students. Having now returned to full time practice with chambers, Ian is now accepting instructions in the following areas of media Law:
- Breach of Confidence (and confidentiality)
- Misuse of Private Information and how to protect privacy
- Defamation (libel and slander)
- Advice on publications, press releases and websites to as to ensure privacy is maintained, consents received, and that material published is not defamatory or in breach of copyright.
Notable Cases
B v B [2022]
Third generation family farm. Assets circa £2.5m gross. Wife well into retirement. Issue as to how the sharing principle should apply to the assets which were brought into the marriage solely by the H. Agreed that the H would pass the farm to the parties’ son. Matter compromised with the W receiving 25% of the assets.
S v S [2022]
In addition to a modest family home, the parties assets were comprised of a significant pension held by one party and valuable commercial land owned by the other with another family member and which was inherited. Should the court depart from equality after a very long marriage on the grounds that half the assets were inherited? If the party holding the inherited land could or should sell the land in question. How should the pension be divided? Matter compromised. Sharing was to apply to the inherited wealth given the length of the marriage (DJ). The inherited land could be released at some point when the party desired it and could be seen as akin to a pension fund for that party. Proceeds of sale of FMH sufficient to house both parties modestly if divided equally. Small pension share required to equalise capital position. 50:50 division of the whole of the assets was appropriate notwithstanding the inherited wealth.
M v C [2016]
Proprietary estoppel – declaration of trust – whether the court may vary the terms of a declaration of beneficial interest set out in a signed declaration on the grounds that the parties had entered into an explicit oral agreement post dating the original declaration.
M had agreed to re-mortgage their jointly owned home in order that C could inject capital into his business in order to support and promote it. The court found that the parties had explicitly agreed that C’s share in the home would be reduced accordingly, and that C would account to M for the benefit he had received on any future sale. The court finding also that C had agreed to meet the additional sums due each month under the mortgage as a result of the borrowing.
Court declaring that M was entitled to the same amount that C had borrowed as a first deduction before dividing the proceeds of sale equally between them. Hameed v Qayyam [2009] EWCA Civ 352 and Clarke v Meadus [2007] EWHC 352 relied upon. (a transcript of the judgment is available). Permission to appeal dismissed by the Court of Appeal.
Clerks
Alexander Modgill
Call: 2002
Alexander Modgill
LL.B. (Hons) (University of London)
LL.M. (University of London)
Bar Vocational Course
College of Law London (2002)
Lincoln’s Inn, ELA
Legal Aid Supplier Number 133HP
Contact
T: 01274 722 560 or 0113 246 2600
Alex Modgill is a prominent member of Broadway House Chambers’ Family and Civil Law teams. He is a barrister of over 18 years’ standing and has consistently been recommended as a leading practitioner by the Legal 500. He was appointed to the Attorney General’s Panel of Junior Counsel to the Crown from 2012 to 2018.
Reputation
Appointed to the Attorney General’s Panel of Junior Counsel to the Crown from 2012 to 2018.
Regular speaker at Chambers’ law seminars.
Individual entry in the Legal 500 for over 12 years.
- Alex Modgill “provides robust advice” – Legal 500 UK
- “Always very thorough and well prepared, and consistently produces good results” – Legal 500 UK
Expertise
Family
Alex is an integral member of Broadway House Chambers’ Top Tier-rated Family Law Team. His practice covers all aspects of financial proceedings, from matrimonial finance, claims under the Civil Partnership Act 2004, the Inheritance Act 1975, the Married Women’s Property Act 1882, and the Trusts of Land and Appointment of Trustees Act 1996. He is regularly instructed to advise and represent parties and intervenors in financial proceedings, including trusts and estoppel cases.
Alex is often instructed in high value cases including those involving complex business structures, family trusts and inheritances. Alex’s reputation in this area is characterised by his legal knowledge, the depth of his preparation and his attention to crucial detail.
Business, Property and Probate
Alex Modgill has a strong civil law practice. In commercial and chancery matters he advises and acts in cases involving freehold and leasehold property ownership, trusts (including TOLATA 1996 proceedings), contractual matters and the sale of goods and services. Alex is frequently asked to draft pleadings and advise on liability and quantum, especially in high-value cases.
Alex has considerable experience in personal injury law: he is regularly instructed in cases regarding employers’ liability, public and occupier’s liability, and road traffic accidents.
Notable Cases
A v A, B and C [2022]
Represented B and C, intervenors in financial remedy proceedings between A and A, at a 6-day hearing. Complex issues including trusts, proprietary estoppel, debts and freezing injunctions (s. 37 MCA 1973) relating to several residential and commercial properties, shareholdings in businesses and other assets in the UK, plus other alleged assets overseas.
B v B [2022]
4-day hearing involving high value assets including real property, shares in a business with a greatly disputed value, high income, family commitments in England and overseas.
B v B [2020]
Financial remedy proceedings, large asset case including high income professional parties, large pensions in UK and Europe. Expert evidence regarding the implementation of pension sharing regarding a pension in Europe.
A v A [2019]
Financial remedy proceedings, high asset case, long marriage, shares in a private oil company in England with subsidiary in Asia.
F v G [2021-22]
Advised and represented the Respondent in complex claims brought by one formerly engaged party against another under MWPA 1887, MC(PM)A 1958, MPPA 1970, and LR(MP)A 1970. Beneficial interests alleged in two properties (plus equitable tracing) as a result of substantial contributions in money or money’s worth.
R v S [2021]
Advised and successfully represented the claimant at a very complicated, potentially career-threatening 10-day employment tribunal hearing in claims for unfair dismissal. Significant issues about non-disclosure.
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