Perican Tahir

"A determined and efficient advocate, Perican's pragmatic, analytical and incisive approach achieves consistent success and makes her one of our first choices for counsel."
 
 
Chambers and Partners 2017

“A determined and effective barrister. Her presence and tenacity resonate with clients. Her pragmatic, analytical and incisive approach achieves consistent success.” “She is fantastic in cross-examination and spot-on with her points.” Chambers & Partners 2016

“Perican is exceptionally client-friendly and very personable. She is a skilled negotiator in and out of court: she’s an all rounder and is exceptional across the board” – Chambers and Partners 2015

“Hugely respected for her strength in all aspects of family law, and for her determined and tenacious advocacy skills.  She is also highly praised by lay clients, who appreciate her sensitive manner.” – Chambers and Partners 2014

Perican is a specialist family barrister with particular expertise in matrimonial finance, disputes between cohabitants pursuant to TOLATA 1996 and financial relief under Schedule 1 of the Children Act 1989.

Perican often appears in high value cases, involving complex trust and business assets, including advisory work in other jurisdictions such as the Channel Islands.

In addition to her work involving financial disputes, Perican has significant experience in private law children matters, involving acrimonious contact and residence disputes, as well as matters involving jurisdictional issues and child abduction.

Perican has been instructed primarily by parents and the child’s guardian in complex public law disputes.

Perican is authorised to accept Direct Instruction as part of the Public Access Scheme.


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Financial disputes

Perican’s financial expertise encompasses the full range of areas,

including:

Individuals with high profiles and/or net worth;
Foreign or complex assets;
Trust and intervenors;
Business and Partnership assets;
Non-disclosure of assets
Pre-post nuptial agreements;
Financial relief after a foreign decree;
Civil partnerships;
Disputes between cohabitants under TOLATA 1996;
Inheritance Act 1975 claims;
Schedule 1 proceedings under the Children Act 1989;
Interim applications, including maintenance pending suit applications;
Enforcement proceedings, including attachment of earnings, charging orders, third party debt orders and reciprocal enforcement of maintenance and charging;
Freezing injunctions under s.37 of the Matrimonial Causes Act

Cases of Interest

  • S v S  Complex ancillary relief case involving significant business assets.  Acting on behalf of the Husband.  The Wife sought to argue that there were significant business assets which were being concealed by the Husband.  Forensic accountant evidence required. Successful in arguing against the non-disclosure point raised by the Wife.
  • L v L Ancillary relief case, involving complicated needs and contribution based arguments run by both parties.  Acting on behalf of the Wife.  Successful in achieving a departure from equality in the sum of 85% of the realisable assets. Linked residence dispute and Family Law Act injunctions.
  • B v B  Ancillary relief case, involving significant assets generated by virtue of the Husband’s injuries sustained in a road traffic accident.  Acting on behalf of the Wife.  The Husband acting through the Official Solicitor.  Complicated arguments relating the Husband’s award.
  • G v G  Complex ancillary relief case involving the non-disclosure of foreign assets and the treatment of inherited wealth in order to meet the parties respective needs following a long, but child-less  marriage.  Following the conclusion of the substantive matter, complex costs arguments were also listed owing to the finding made by the judge.
  • B v Z  Application for ancillary relief following a foreign petition.  Significant legal argument as to the appropriate jurisdiction and whether the other side were in essence “forum shopping” in order to obtain a favourable settlement.  Successful in arguing the English courts did not have jurisdiction to deal with the application.
  • M v M  Complex ancillary relief case involving a jointly owned limited company with significant capital assets and the treatment of the parties’ respective shareholding.  Argument as to whether the company was in essence a quasi- partnership.  Considerable evidence from a forensic accountant required in order to assess the income and capital position of the company
  • M v M  Complex ancillary relief case involving significant share options and complex income structure.  The primary dispute in the case focusing on the quantum and duration of spousal maintenance.  Considerably analysis of forensic evidence required.
  • G v R Cohabitation claim involving several historic properties, in which it was argued a constructive trust common intention applied, in order to establish an interest in the property presently owned.  Significant evidence and legal argument as to the application of the law, as it presently stands in both jointly owned property cases and those owned by one party.
  • B v B  Advising in Jersey on a multi-million pound Schedule 1 claim.
  • B v L  Jersey ancillary relief case involving significant assets and non-disclosure, resulting in the original order being set aside and fresh proceedings commenced.

Private Law Children Act

Perican’s work within this area of law can be summarised as encompassing the following:

Applications for residence and/or contact, including disputes involving grandparents and other associated third parties;
Leave to remove and international relocation cases;
Disputes over education and change of name;
Jurisdictional disputes and abduction matters;
Domestic violence and family law injunctions;
Applications pursuant to the Child Support Act 1991.

Cases of Interest

  • Re M   Removal from the jurisdiction to Canada
  • Re B  Fact-finding involving significant domestic violence resulting in no contact and a s. 91(14) order against the Father.
  • Re H  Contested application by grandparents for leave to apply for contact to their grandchildren.
  • Re F  Acrimonious contact dispute between parents involved in protracted ancillary relief proceedings.


Public Law Children Act

Perican has appeared in cases involving the following:

Non-accidental injuries;
Serious physical, emotional and sexual abuse;
Applications arising under the Adoption and Children Act 2002, including placement and Special Guardianship orders.

Cases of Interest

  • Re T Complex public law matter involving competing interest of the biological mother and the maternal grandmother.  Acting on behalf of the child’s guardian.  Matter appealed successfully to the Court of Appeal.
  • Re Y  Acting on behalf of the Police in respect of confidential disclosure from the family proceedings into the criminal proceedings/investigation.  Arguments in respect of the confidentiality of the proceedings and the police force involved.  Matters conducted in private, with no notice being given to the Father.
  • Re R  Acting on behalf of Grandparents in an application for Special Guardianship orders, which were opposed by the Local Authority.  Orders were successfully granted by the Court.

Memberships

  • Honour Society of Middle Temple
  • South Eastern Circuit
  • Kent Bar Mess
  • Family Law Bar Association
  • Association of Lawyers for Children
  • Committee member of the Family Law Bar Association

Education

  • LLB (Hons) – University of Sussex
  • BVC – Inns of Court School of Law

Lectures

Perican is able to offer a range of lectures on her areas of expertise.  Please contact the clerks for further details.