Collyer Bristow's Aviation Finance Disputes team hosts a range of esteemed speakers from the aviation world to discuss a range of timely topics and issues in the sector. Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, explore the complex legal issues surrounding relocation disputes involving children after a relationship has broken down.
Responding to a listener's question, they consider the situation of a mother who wishes to return to her native Italy with her two children following the breakdown of her marriage, but whose husband refuses to consent to the move. The discussion explains why a parent cannot simply relocate with a child without the other parent's agreement or the court's permission, and the serious legal consequences of doing so.
The conversation examines how the courts approach relocation applications, with the child's best interests remaining the paramount consideration. Samara and Philippa discuss the factors judges take into account, including the child's relationship with both parents, education, healthcare, support networks, and the practical realities of maintaining meaningful contact following a move. They also explain the role of CAFCASS, independent social workers, mediation, and the challenges of resolving what are often highly emotional, all-or-nothing disputes.
The episode also explores the legal distinction between international and internal relocation, including moves within England and Wales, as well as the implications of international child abduction under the Hague Convention. Samara and Philippa discuss how relocation decisions can affect related financial proceedings on divorce and the practical arrangements courts may put in place to preserve a child's relationship with the parent left behind.
As ever, the discussion reflects on the human impact of these cases, balancing a parent's desire to rebuild their life with the importance of maintaining a child's relationship with both parents. The episode highlights the emotional complexity of relocation disputes and why seeking specialist legal advice at an early stage is essential.
This episode provides practical insight into child relocation applications, parental responsibility, international child abduction, the Hague Convention, internal relocation, and how the family courts determine what is in a child's best interests.
Stay tuned. New episodes of LawTorn are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, explore the legal rights of unmarried couples when a relationship ends unexpectedly through the death of one partner.
Responding to a listener's question, they consider the difficult situation of a woman whose partner dies without a will after they had built a life together in a property owned solely in his name. Despite contributing to the mortgage, household expenses, home improvements, and her partner's business, she finds herself with no automatic legal rights under the rules of intestacy.
The discussion explains how claims under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) can help establish a beneficial interest in property, even where legal ownership rests with one person. Samara and Philippa examine the evidence courts look for, including common intention, financial contributions, detrimental reliance, and the challenges of proving a claim where there is no written agreement.
The episode also explores claims under the Inheritance (Provision for Family and Dependants) Act 1975, explaining when an unmarried partner may be entitled to reasonable financial provision from a deceased partner's estate. The conversation highlights the differences between property claims and inheritance claims, and why strategic legal advice is essential when deciding which route to pursue.
As ever, the discussion reflects on the emotional realities behind these disputes, including the widespread misconception of the "common law spouse", the importance of making a will, and the practical steps unmarried couples can take to protect themselves. Samara and Philippa also touch on the Government's ongoing consultation into cohabitation rights and what future legal reforms could mean for couples who choose not to marry.
This episode provides practical insight into TOLATA claims, cohabitation rights, inheritance disputes, beneficial ownership, and the legal options available when an unmarried partner dies without leaving a will.
Stay tuned. New episodes of LawTorn are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team at Collyer Bristow, and Philippa Dolan, Partner in the Family team, discuss prenuptial agreements in the UK and whether they are legally binding in the event of divorce.
Responding to a listener’s question, they explore a real-life scenario involving an engaged couple where one partner owns a growing tech business and the other has more modest assets, a teenage child from a previous relationship, and concerns about financial security and future children. The episode considers why prenuptial agreements are increasingly used in England and Wales, particularly in cases involving business ownership, asset protection, and inheritance planning.
Samara and Philippa explain how UK courts approach prenups, including the key legal requirements such as fairness, independent legal advice, full financial disclosure, and the absence of pressure or undue influence. They also clarify how much weight courts give to prenuptial agreements in divorce proceedings, and why they are not automatically binding.
The discussion also covers postnuptial agreements, how they differ from prenups, and when couples may choose to enter into them after marriage. The episode examines whether postnups offer the same level of financial protection and how timing can affect enforceability and negotiations.
A further focus is the protection of business assets in divorce, including concerns raised by business partners about shareholding risk, valuation issues, and the potential impact of marital breakdown on company interests.
As ever, the episode highlights the intersection between family law, private wealth, and relationship dynamics, offering practical insight into how courts approach financial agreements made before and during marriage.
This episode provides clear guidance on prenuptial agreements in the UK, postnuptial agreements, divorce financial settlements, and how the family court assesses fairness and enforceability.
Stay tuned. New episodes of LawTorn are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, explore the increasingly concerning issue of predatory marriage, where vulnerable individuals, often elderly or lacking mental capacity, are targeted, manipulated, and in some cases coerced into marriage with serious legal consequences.
They discuss the typical fact pattern in these cases and examine how marriage can unintentionally revoke an existing will, creating a risk of intestacy and potentially diverting estates to individuals who have exploited a position of trust. The conversation considers how this outcome arises from the intersection of longstanding legal principles, often with unintended and distressing consequences for families.
The episode also explores the complex interplay between the legal tests for capacity to marry and capacity to make a will, highlighting the lower threshold required for marriage and the vulnerabilities this can create in practice. Samara and Philippa reflect on how these differing standards can be exploited, and why the current legal framework has been criticised as leaving a significant gap in protection.
They go on to consider the practical and legal challenges in addressing predatory marriage, including the role of registrars, the evidential difficulties in challenging the validity of a marriage, and the options available where concerns arise. These include preventative steps, applications to the Court of Protection, forced marriage protection orders, and the use of statutory wills.
Finally, the discussion turns to proposed legal reforms aimed at addressing these issues, including recommendations to remove the rule that marriage revokes a will, and whether these changes will go far enough to protect vulnerable individuals.
As ever, the episode highlights the sensitive and often distressing realities that sit behind these cases, as well as the importance of early advice and careful navigation of overlapping areas of law.
Stay tuned. New episodes are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, consider what can be done when a parent’s will leaves everything to one child and nothing to the other.
Using a listener’s question, they explore two distinct legal routes: challenging the validity of a will, including on the grounds of undue influence, and bringing a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
The discussion examines what undue influence really means in practice, including the high threshold required to prove that a testator’s volition was overpowered without convincing the judgment, and why such claims can be difficult to establish. Samara explains the evidential hurdles involved and the distinction between persuasion, obligation and unlawful pressure.
The episode also provides a clear overview of 1975 Act claims, including who is eligible to bring them, the concept of reasonable financial provision, and how the courts approach claims by adult children. The conversation reflects on the tension between testamentary freedom and fairness, the limits of maintenance based awards, and recent cases which illustrate how fact specific and unpredictable these disputes can be.
As ever, the discussion highlights the emotional and financial realities that sit behind inheritance disputes, including the impact of costs, the importance of early legal advice, and the role of negotiation and mediation in resolving family conflict.
This episode offers practical insight into the legal framework governing will challenges and financial provision claims, and the strategic considerations involved in deciding which route, if any, to pursue.
Stay tuned. New episodes are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
In this episode of Law Torn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, reflect on the festive period discuss how the Christmas can bring family tensions and disputes into sharper focus.
They explore the common perception that divorce rates increase after Christmas, reflecting on whether this is supported by experience or evidence, and consider how extended time together, family expectations and blended family dynamics can place additional strain on already fragile relationships.
The conversation looks in particular at the challenges faced by separated parents during the festive period, including how Christmas and New Year arrangements for children are typically managed, what happens when agreed arrangements or court orders are not followed, and how disputes over contact, gifts and competing households can escalate.
Samara and Philippa also provide a practical overview of the divorce process in England and Wales for those contemplating next steps in the New Year, including timescales, costs, and the role of mediation and legal advice. In addition, the episode touches on how Christmas can highlight concerns around capacity and vulnerability in older relatives, particularly where families spend extended time together.
This episode offers insight into the legal, emotional and practical issues that often arise after Christmas, and how families can approach separation, parenting arrangements and wider family disputes with greater clarity in the New Year.
Stay tuned — new episodes will be released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
In this episode of Law Torn, Samara and Philippa are joined by their first guest, Kristin Cunliffe, to discuss the role emotions play in financial decision-making during family litigation.
Kristin is a financial planner, financial coach and educator with over 25 years’ experience supporting individuals through divorce and bereavement. She explains how financial coaching differs from traditional financial advice, focusing on a client’s relationship with money rather than budgeting or financial management.
The episode explores why clients may struggle to settle disputes, even when they understand the legal and financial risks of litigation. Samara and Philippa reflect on the challenges of advising clients where emotions, grief or a sense of injustice influence strategic decisions, particularly in disputes arising from relationship breakdown or loss.
Kristin also discusses how early experiences with money, financial personality types and unresolved emotional responses can affect behaviour during legal proceedings. The conversation considers how financial coaching can complement legal advice by helping clients separate emotional responses from the practical realities of litigation, engage more constructively with settlement discussions, and begin to plan for life beyond the dispute.
This episode provides insight into the emotional and financial dynamics that often sit beneath family litigation, and the value of additional support alongside the legal process.
Stay tuned — new episodes will be released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
In this episode, Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes team, is joined by Philippa Dolan, Partner in the Family team, to explore the widespread misconception of common law marriage, a “status” believed by 46% of the population, yet one that has no legal standing in England and Wales.
Using a listener scenario involving a decade-long relationship, two children, and a home owned by one partner, Samara and Philippa break down:
The conversation moves frankly, and often humorously, through the practical realities faced by unmarried couples, highlighting the risks, the protections available, and when legal advice is essential.
If you’re cohabiting, thinking about marriage, or advising someone who is, this episode offers clarity where myths continue to thrive.
Stay tuned — new episodes will be released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
In this introductory episode, hosts Samara Dutton, Partner in Collyer Bristow’s Private Wealth Disputes Team, and Philippa Dolan, Partner in the Family Team, introduce LawTorn — a new podcast exploring what happens when family relationships break down and disputes spill into the legal arena.
Samara and Philippa discuss the inspiration behind the series, the growing intersection between family and inheritance disputes, and the emotional impact of litigation on clients. They share their goal of demystifying the legal process, offering insight, and promoting a more understanding, human approach to resolving conflict.
Stay tuned — new episodes will be released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com.
"Following the conclusion of the Dyneley reign, the move to 4 Bedford Row and with John Coverdale now as senior partner, the firm began to grow again. Having been an articled clerk Andrew Alfred Collyer had now arrived as a partner. His family were originally from Farnham but moved to Beddington near Croydon. A local archive extract records: “In Beddington Place lived Mr Collyer Bristow, the head of a firm of London lawyers, who was much beloved by all who knew him and was also a generous supporter of all good works in the parish”.
Partner Michael Drake delivers Chapter 6 of his book on the history of one of the UK’s longest established law firms, Collyer Bristow.
"When I arrived at 4 Bedford Row in August 1969, I did at least know a little more than 14 year old Ralph Kemp in May 1915. But I had no idea of the extraordinary history, tradition and heritage of a firm which had first established itself so many years earlier."
Partner Michael Drake delivers Chapter 1 of his book on the history of one of the UK’s longest established law firms, Collyer Bristow.
"So on 1 April 1984 almost exactly 10 years to the day since I left I returned to 4 Bedford Row. One of the key reasons for my decision to return was what I already knew about CB, its culture, way of life and reputation, the quality of the partners and staff, the offices, the clients and so far as I knew its financial stability."
Partner Michael Drake reads Chapter 3 of his book on the history of one of the UK’s longest established law firms, Collyer Bristow.
"The origins of Collyer Bristow can be traced back to the reign of Charles II, and perhaps even earlier to the reign of his father. Surprisingly for such a long established London practice, the firm’s roots stem from three families based in the north of England; two from Yorkshire and one from County Durham. All three had immensely strong legal traditions and over many decades sons were despatched south to London, to the Inns of Court to follow in their father’s and grandfather’s legal footsteps."
Partner Michael Drake delivers Chapter 4 of his book on the history of one of the UK’s longest established law firms, Collyer Bristow.
"It was 1760 when Robert Dyneley and Charles Ashmall set up together in practice. On 12 November 1762 they were both admitted to Gray’s Inn and by now their new chambers were established at 1 Field Court in Gray’s Inn. The history of the Row takes us back almost as far as the story of the firm. The west side of the Row was built in part at least, in the early 1690s, by Nicholas Barbon, who was ultimately responsible for much of the works connecting the City and Westminster."
Partner Michael Drake narrates Chapter 5 of his book on the history of one of the UK’s longest established law firms, Collyer Bristow.
Michael Drake introduces his new book and podcast series on the history of one of the UK’s longest established law firms, Collyer Bristow.
As airlines and the network of businesses linked to the airline industry continue to struggle with the effects of the pandemic, Collyer Bristow's aviation litigation expert Simon de Broise is joined by his colleague Ryan Lynch, a specialist in insolvency and complex commercial disputes, to discuss recent developments around restructuring and insolvency.
Recorded in August 2021, the topics include the effects of new restructuring and corporate support measures enacted by the UK Government in 2020, their impact on creditor’s rights under the Cape Town Convention, and what suppliers and other businesses that interact with the airline industry can expect in the future.
Collyer Bristow Senior Associate Simon de Broise is joined by Chris Tarry of CTAIRA to discuss the challenges still facing the aviation industry as restrictions start to ease.