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Chambers of David Berkley KC
3pb.co.uk 3pb.co.ukBarristers
Esther Lieu
- Phone0117 928 1520
- Email[email protected]
- Social
- Profilewww.3pb.co.uk
Work Department
Family
Position
Esther Lieu is a specialist family lawyer with an emphasis on private law children and financial remedy matters and cases involving financial provision following divorce or dissolution of marriages and separation of unmarried couples.
Her private law children practice extends from domestic applications to jurisdictional disputes and international enforcement, as well as cases involving fact finding hearings, parental alienation and transfer of residence.
Esther’s financial remedies practice encompasses all matters arising between married couples (from first appointment to contested final hearings) and unmarried couples (including property disputes and applications for child support). She has appeared in the High Court seeking injunctive relief and permission to proceed following an overseas divorce and regularly advises on settlement to assist clients in managing their costs.
She has been described as ‘outstanding’, ‘supportive’ and ‘knowledgeable’ and enjoys regular repeat instructions. Esther is a strong and tenacious advocate who always ensures that her client is comfortable and confident with her representation. She is rigorous in her case preparation and prompt in responding to her professional clients.
Esther spends most of her spare time chasing after her two young sons, normally outdoors and often in the mud.
Esther Lieu is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.
Family
Esther Lieu is a specialist family lawyer with an emphasis on private family law matters and cases involving financial provision following divorce or dissolution of marriages and separation of unmarried couples.
Finance
Esther has a busy practice in financial remedies (from pre-nuptial and separation agreements through to contested final hearings), including applications brought under ToLATA and Schedule 1. She is a forceful negotiator at an FDR and balances the costs of further of litigation against the overarching aim of achieving the best outcome for her client. In particular she has experience of the following:
Applications brought under ToLATA including equitable accounting claims Maintenance applications (brought under MCA 1973, Schedule 1 CA 1989 and CSA 1991) Interveners and third party interests Inherited wealth Non-matrimonial property Variation and enforcement applications Applications for financial relief following overseas divorce (MFPA 1984) Applications for injunctive reliefRecent cases
H v H (2019) Acted for the husband in a case that involved the wife’s receipt of a significant inheritance at the time of separation, and the death of the husband’s mother during proceedings resulting in his own inheritance (that was tied up with other family members).
B v A (2019) Represented the father in an application brought under Schedule 1 CA1989 by the mother for child maintenance to extend beyond the child’s 18th birthday on account of special circumstances.. Both applications were successfully opposed following detailed analysis of the Child Support Act 1991.
M v M (2017), J v C (2017), K v M (2017) Advice provided in several cases concerning division of property owned by un-married couples, to include instances where there was no declaration of trust, an application to set aside a declaration of trust, calculation of beneficial interests and claims for equitable accounting.
P v P (2017) Acted for the Russian wife in protracted proceedings which included successfully obtaining permission to apply for financial relief following an overseas divorce in the Royal Courts of Justice, obtaining injunctive relief against the husband’s attempt to dissipate assets, countering the husband’s father’s claim to a third party interest in the property and achieving a very positive outcome at final hearing.
Private Law
Esther is regularly instructed in applications for child arrangements orders, specific issue and prohibited steps orders, as well as injunctions, enforcement applications, fact-finding hearings and contested final hearings. In particular, she has experience in cases involving:
Parental alienation/ intractable hostility Transfer of residence Disputed jurisdiction (within the U.K. and international) Internal and international relocation Allegations of domestic violence and finding of fact hearingsRecent Cases
W v W (2019) Represented the father during a 3 day fact-find within a long-running application for child arrangements orders, and successfully defended him in committal proceedings brought by the mother.
B v B (2019) Acted for the father in successfully opposing the mother’s application to relocate with the parties’ children who lived with her.
S v S (2019) Acted for the father following the unlawful removal of his children by the mother to Scotland. Successfully obtained an interim order that the children be returned to England and successfully argued (against the mother) that England retained jurisdiction to hear the matter. The children were returned to the father’s care and he was ultimately granted a live with order in respect of both.
E v E (2018) Represented the Children’s Guardian in an application by the father for a transfer of residence. A fact-find established that the mother had alienated the father from the children; subsequently the Guardian recommended a transfer of residence which was ultimately ordered by the court following a contested final hearing.
V v G (2017) Acted for the father seeking contact and then residence orders in respect of his daughter in a long running protracted matter in the High Court which included the appointment of r.16.4 Guardian, committal proceedings against the mother (she was found guilty of contempt), a finding of fact (which established that the mother had alienated the father) and the making of Interim Supervision Orders in respect of the child.
FDR Hearing Service
Esther is available for private remote FDR hearings.