Philip Marshall KC MCIArb

Philip has been ranked as a leading practitioner in the field of matrimonial finance and divorce by both Chambers and Partners and Legal 500 for many years.

He is praised for his attention to detail and willingness to argue his client’s corner, whilst maintaining a conciliatory approach and an ability to compromise even hotly contested proceedings when appropriate.

Philip’s work includes all aspects of contested financial remedies disputes, with cases involving assets valued at in excess of £1 billion, including: jurisdictional disputes; overseas assets; complex corporate and trust structures; legal services payments orders; compensation and capitalisation applications; Part III 1984 Act claims; set aside applications; pre–nuptial agreements and disputes; TOLATA.

His reported cases include the following:

• • • AF v SF (by the Official Solicitor as his litigation friend) [2019] EWHC 1224 (Fam)
    • Saxton v Bruzas [2018] EWHC 3879 (Fam)
    • KA v MA (Prenuptial Agreement: Needs) [2018] EWHC 499 (Fam)
    • Owens v Owens [2018] UKSC 41 (Supreme Court)
    • Z v Z [2016] EWHC 911 (Fam)
    • AA v BB (Application to Set Aside Leave: s.13 MFPA 1984) [2014] EWHC 4210 (Fam)
    • H v H [2014] EWCA Civ 1523
    • L v K (Freezing orders: Principles and Safeguards) [2014] 2 WLR 914
    • JKN v JCN (Divorce: Forum) [2010] EWHC 843 (Fam), [2011] 1 FLR 826
    • Miller v Miller [2006] 2 WLR 1283 (House of Lords)
    • Mark v Mark [2005] 2 FLR 1193 (House of Lords)
    • Moore v Moore [2005] 1 FLR 666
    • Pearce v Pearce [2003] 2 FLR 1144
    • White v White [2001] 1 AC 596 (House of Lords)

Philip is regularly instructed to undertake early neutral evaluations at private FDRs in complex and high profile financial cases. He is commended for his meticulous preparation and attention to detail, coupled with an instinctive ability to assess the likely quantum of a financial settlement.

Philip has extensive experience of financial remedies work at all levels, including extremely high value ‘big money’ cases, cases with a jurisdictional and international dimension, cases involving complex corporate or trust structures, and cases in which the validity and enforceability of pre- and post-nuptial agreements is in dispute. He is acknowledged for the thoroughness of his case preparation, and for his exhaustive attention to detail. He brings both these qualities to all aspects of his work as an arbitrator and award writing.

Philip has extensive, in depth knowledge of financial remedies law, having appeared as junior counsel in both White v White [2000] and also Miller and McFarlane [2005] in the House of Lords, and also as leading counsel in the seminal divorce case of Owens [2018] in the Supreme Court.  He also co-authored Financial Dispute Resolution Appointments: Best Practice Guidance (with Senior District Judge Philip Waller CBE) and also Guidance on “Financial Needs” on Divorce (with Joanna Miles) both published by the Family Justice Council.

Philip is available to be instructed either as an arbitrator or as leading counsel (with or without a junior) for all aspects of financial remedies arbitration work.

Philip undertakes all aspects of financial remedies work on a direct (public) access basis without the need to instruct a solicitor. As a leading barrister with almost 37 years of experience in family law, and having been appointed as Queen’s Counsel (QC) in 2012, Philip has extensive knowledge of all aspects of financial remedies law, practice and procedure. He has appeared in many of the leading financial remedies cases, including the seminal cases of White v White [2000] and Miller and McFarlane [2005] in the House of Lords, and in the headline divorce case of Owens v Owens [2018] before the Supreme Court. He also co-authors guidance published by the Family Justice Council for use by the judiciary including Financial Dispute Resolution Appointments: Best Practice Guidance and Guidance on “Financial Needs” on Divorce.

Philip is acknowledged for his conscientious and thorough case preparation, and for his exhaustive attention to detail. He is praised as a fearless and persuasive advocate with excellent client care skills:

Philip has fantastic insight and judgement. He is a tenacious advocate, who will fight his clients’ corner passionately. He is adaptive in his style and compassionate when required.

Philip Marshall is superb and great with clients.

The description I once read of Philip being an iron fist in a velvet glove could not be more accurate. He is immaculately prepared and is a consummate performer.

He is utterly charming, very well prepared and a formidable cross-examiner.

Philip regularly appears in complex financial remedies cases at all levels, including extremely high value ‘big money’ cases, cases with a jurisdictional and international dimension, cases involving complex corporate or trust structures, and cases in which the validity and enforceability of pre- and post-nuptial agreements is in dispute. He also has extensive experience of drafting pre- and post-nuptial agreements and also cohabitation and separation agreements.

Philip also undertakes cases involving financial claims which can be made by unmarried parents on behalf of their children under Schedule 1 of the Children Act 1989, and also claims in relation to property under TOLATA 1996.

Philip is available to advise and to undertake all aspects of financial remedies work, including the following:

1. 1. preliminary advice, including in contemplation of entering into a marriage or civil partnership, cohabitation, relationship break down, separation and divorce or dissolution of a civil partnership;
   2. drafting and advising pre- and post-nuptial agreements, cohabitation agreements, separation agreements, and consent orders for submission to the court if an agreement has already been reached;
   3. tactical advice and on-going support in relation to proposed or current court proceedings, in and out of court, including arbitration, early neutral evaluation (ENE), and non-court dispute resolution (NCDR) including lawyer led financial mediation;
   4. advice and legal representation on an appeal, including drafting Grounds of Appeal and skeletons in support;
   5. advising and drafting documents, including financial statements (Form E or Form E1), asset and case summarises, statements of issues, witness statements, skeleton arguments and grounds of appeal;
   6. legal representation at court hearings, arbitration, early neutral evaluation meetings, lawyer led mediation and NCR (including private FDRs).

Philip is available to be instructed on a direct (public) access basis as leading counsel with or without a junior, and is always happy to discuss how costs might be reduced by instructing a more junior barrister on a direct access basis to undertake specific pieces of work.