ToLATA Success for Benjamin Rose

Benjamin appeared on behalf of a father and co-owner in proceedings brought under Trusts of Land and Appointment of Trustees Act 1996, complicated by the involvement of concurrent proceedings under the Children Act, and unproven allegations of domestic abuse.

Benjamin's closely controlled cross examination elicited major concessions from the mother, regarding the honesty of her account, interactions with third parties, and the accuracy of her records. Unusually, the judge gave permission for the parties to explore settlement options over an adjournment, considering the concessions made, despite the mother's evidence not being concluded.

Benjamin was able to secure a settlement of over three times the final offer of the mother, and in line with the first offer of the father, and secured costs for his client. Despite solicitors not formally instructing counsel yet in the Children Act matter, during negotiations it was also agreed that Benjamin's client could resume spending time with his children after a significant period without being permitted to do so.

Benjamin is available to advise on matters related to the breakdown of relationships, under ToLATA,  Schedule 1 Children Act, and the Matrimonial Causes Act.