Michael Horton

Ancillary Relief, Property Law, Divorce, Injunctions, and Children

Mike Horton’s practice is wide ranging but mainly focussed on ancillary relief and family property. Mike features in Legal Experts, and in the 2009 Legal 500, Mike was recommended for ‘having an excellent reassuring client manner that instils confidence’.

Ancillary relief/ Financial orders

His ancillary relief practice is wide and varied, ranging from high value cases to more modest cases. He acted pro bono for the successful appellant in Fallon v Fallon [2008] EWCA Civ 1653 [2010] 1 FLR 910. He was junior counsel in the case of Gourisaria v Gourisaria [2011] 1 FLR 262, [2010] EWCA Civ 1019, a case involving competing ancillary relief proceedings here and property proceedings in India. He is familiar with cases involving family companies, discretionary trusts, pension sharing, offshore trusts, avoidance of disposition orders, criminal confiscation orders, and Barder appeals. He also advises in relation to pre-nuptial agreements.

Bankruptcy and property within financial order cases

Mike has particular experience of cases involving third party ‘intervenor’ property claims in ancillary relief proceedings. He is also regularly consulted where there is a bankruptcy issue – he has lectured widely on the topic, and has appeared in bankruptcy proceedings related to ancillary relief cases.

Schedule 1

Mike also has a substantial practice in claims for financial provision for children under Schedule 1 to the Children Act 1989. He is often involved in concurrent Schedule 1 and Trusts of Land proceedings.

Inheritance Act

Mike also has extensive experience of claims (including contested trials) under the Inheritance (Provision for Family and Dependants) Act 1975 in both the family courts and the Chancery Division.

Property law

Mike also has an extensive practice in property disputes between cohabitants and other family members under s14 of the Trusts of Land and Appointment of Trustees Act 1996. His property law practice has included a successful claim against the executors of an estate for ownership of property by virtue of proprietary estoppel, drug confiscation proceedings in the Court of Appeal on a property law point as well as a claim to an interest in a holiday home in Spain. He has recently acted in a claim for rectification of a declaration of trust, and has recently advised in a dispute between cohabitants over the proceeds of an insurance policy and where the claim related to an interest in a property which had already been sold. His experience also extends to cases of undue influence.

Adult social care/ Court of Protection

Mike has also acted for local authorities and the Official Solicitor in cases of mental incapacity. He represented a local authority in an important test case on the appointment of welfare deputies: London Borough of Havering v LD & Anor [2010] EWHC 3876 (COP) (25 June 2010).

Other family law

Mike has extensive experience of injunctions under the Family Law Act and of divorce proceedings, including defended divorces and stays under Brussels IIA and the 1973 Act.

He has also acted for local authorities and the Official Solicitor in cases of mental incapacity.

He advises in cases of alleged professional negligence in his areas of expertise.

His children practice includes acting for parents and children in all forms of private law proceedings. He also has experience of international work and child abduction work, under Brussels IIA and the Hague Convention.

Collaborative law

Mike is one of five barristers in chambers who are fully trained in collaborative law.

Public access

Mike undertakes direct public access work in relation to

• Initial advice in Trusts of Land Act disputes
• Pre-nuptial agreements (which he is happy to undertake collaboratively), and
• advice before and representation at FDR
• other matters by specific agreement

Publications

Mike has written extensively on family law matters. He is author of Family Homes and Domestic Violence: The New Legislation (FT Law & Tax 1996) and co-authored Residence and Contact: A Practical Guide (FT Law & Tax 1996) and Child Support: A Practitioner’s Guide (FT Law & Tax 1996).  In November 2009, he wrote an article on new domestic violence legislation: More Police Powers for Domestic Violence - The Crime and Security Bill Reviewed – see here

Lectures

Mike undertakes lectures and seminars for a number of CPD course providers, including MBL, CLT, and the Solicitors Group. This year he has given talks on:

• the Family Procedure Rules 2010
• Schedule 1 claims and changes to child support
• ToLATA claims
• Ancillary Relief update
• Bankruptcy, Ancillary Relief and the Family Home
• Pre-Nuptial and Other Agreements
• Appeals, setting aside & variations in financial order cases

Mike also gives in-house seminars for firms of solicitors. If you wish to arrange for such an in-house talk, please contact the clerks.

In 1997, Mike took a sabbatical to work in South Africa as a research adviser on family law matters to the Deputy Minister of Justice, Manto Tshabalala-Msimang.

He undertakes pro bono work in family cases through the Bar Pro Bono Unit.

Memberships

Family Law Bar Association

Liberty

NCCL

Education

MA (Hons) (Cantab) 

Reported Cases

Gourisaria v Gourisaria [2011] 1 FLR 262 [2010] EWCA Civ 1019,
Financial relief – Divorce – Third party claim to matrimonial assets – Proceedings brought in India by third party – Whether English proceedings to be adjourned to await outcome of Indian claim – Whether third party to be joined in English proceedings. Read more

London Borough of Havering v LD & Anor [2010] EWHC 3876 (COP) (25 June 2010)
Circumstances in which a local authority should be appointed welfare deputy for person lacking capacity to make decisions themselves and with no family member in a position to do so. Read more

Re F (Children) (Restriction on Applications) [2005] 2 FLR 950, [2005] EWCA Civ 499, Contact – Domestic violence – Impact of withdrawal of application before fact finding hearing – Appropriateness of s 91(14) order.

R v Mills [2001] EWCA Crim 2875
Drug confiscation and matrimonial property

Languages Spoken

Some French

Interests

Percussion, cricket and cinema