Commercial, Chancery, Family Finance and Court of Protection & Adult Care

Call 2003 (Door Tenant)

STEP Central LondonChancery Bar AssociationFamily Law Bar Association

ChanceryJulia’s practice principally focuses on wills, probate, the administration of estate, family provision claims under the 1975 Act and incapacity. She is frequently instructed in multi million pound estates and trusts. She regularly advises and represents clients in the High Court on cross border succession issues particularly domicile. In 2017 she was called to the Bar in Northern Ireland to advise on domicile and jurisdiction. She has a specialist interest in advising/seeking vesting orders from the English court for property inherited by minors overseas pursuant to S53 Trustee Act 1925. She regularly advises on breach of trust issues; fraud on a power; executor and administrator removal and is very familiar with applications under the Variation of Trusts Act 1958. Julia has a depth of experience in structuring post death deeds of variation both in settlement to litigation and for tax purposes. Julia is co-author of 5th edition of Rossdale Probate and Administration of Estates; a member of STEP Central London; and an editor of the Court of Protection Law Reports- Property and Affairs.

Julia frequently deals with issues of professional liability which arise after the death of the Deceased including: White v Jones issues and the duty owed to beneficiaries; failure by solicitors to execute a will expeditiously in circumstances when the Deceased is terminally ill; Failure to execute a will in contemplation of marriage. She also has a wealth of experience advising on loss incurred when the Golden Rule is not followed in the preparation of wills subject to a later challenge of invalidity on grounds of incapacity and failure to meet the Banks v Goodfellow test. Julia has acted for trustees who have relied upon negligent professional advice causing the trustees and therefore the trust to incur significant and unnecessary financial obligation and invest in overvalued property. She is experienced identifying actual loss: For example the loss caused by solicitors applying for decree absolute thereby removing a widow’s pension entitlement prior to a pension sharing order taking effect – and the consequences of mitigation of financial provision through a 1975 Act claim.

CommericalJulia accepts instructions on pure company matters and has a depth of experience in advising on Unfair Prejudice applications S994 and protecting the rights of minority shareholders. The fact that Julia is an acknowledged expert in this field is recognised by the fact that since 2012 she has been the contributor and author of the Unfair Prejudice Chapter in the leading text Gore Browne on Companies. Julia has worked with leading counsel defending extensive allegations of breaches of fiduciary duty against directors in two Cayman Island Companies together with multi million pound allegations of breach of contract; fraud and conspiracy. She has presented off shore seminars in Cayman on the use and abuse of directors and shareholders powers post Eclairs v JSX Oil . Closer to home Julia regularly advises directors on fraud on a power particularly in circumstances where the directors have mixed motives and the practical realities/ parameters for shareholders of the codification of directors duties in S170 and S171 Companies Act 2006 and commercial reality.

Family FinanceJulia also has considerable experience acting for companies, trustees and creditors in the Family Division in Financial Remedy proceedings. She frequently advises directors and shareholders of family businesses caught up in and intervening in matrimonial proceedings, typically on share division, income and voting rights; minority shareholdings and ownership of assets. She appears regularly in the Family Division and is comfortable with the procedure and FPR and is a member of FLBA. Julia is able to give and advocate a chancery analysis to any non – matrimonial asset in danger of being swept into a global pot. She has experience of dealing with farming partnerships and assets; third party minority shareholdings in family companies; advising trustees whether or not to submit to jurisdiction; championing the rights of the company and its creditors.

Court of Protection & Adult CareJulia regularly advises on issues arising with P’s Property and Affairs. She has experience of enforcing security bonds against Deputies; the appointment, removal and control of Deputies. Julia frequently advises on the procedure for Attorneys and/or Deputies to engage in to be authorised to conduct litigation on behalf of P. Statutory wills and the attorney and deputy liability for gifts/monies received and applications for approval. Her expertise in this field is recognized by the fact that she has been an editor of the Court of Protection Law Reports for Property and Affairs since 2016. Julia has extensive experience of statutory wills being used in circumstances where a legacy in an existing will has been adeemed usually by the sale of a property to meet care home fees. As an adjunct Julia is often engaged by parties seeking expertise in what amounts to preservation of property under Schedule 2 MCA 2005 of an adeemed gift after the death of P. And chancery Division proceedings after P’s death pursuing loss on behalf of the Estate because of the Deputy’s conduct – typically self dealing or sale at an undervalue. Julia also has experience of advising on statutory wills for conservative estate planning/ tax purposes in the best interests of P.