Introduction
Davinia specialises in Financial Remedies and has experience in the full range of applications and hearings in those proceedings including First Direction Appointments, Financial Dispute Resolution hearings, and final hearings in cases involving pensions, overseas assets and companies. She also has experience in dealing with property disputes between unmarried partners under the Trust of Land and Appointment of Trustees Act 1996 (TOLATA), applications under Schedule 1 of the Children Act 1989, Maintenance Pending Suit and applications under the Inheritance (Provision for Family and Dependents) Act 1975. Davinia is regularly instructed in applications for section 37 and freezing injunctions designed to prevent the dissipation of assets. She has also successfully sought committal to jail for a Respondent’s failure to complete, file or serve their Form E.
Davinia has vast experience in high-value complex financial and high net-worth clients with issues often involving trust assets, businesses, multiple properties (UK based and International) and inheritance disputes.
Davinia has the benefit of being a member of the Wills, Trusts and Probate Teams within Chambers and as such has a familiarity and knowledge of civil litigation and the Civil Procedure Rules. Her diverse legal knowledge enables her to provide rounded advice and a remedies-based approach for enforcement of orders such as third-party debt orders and applications for judgment summons.
Davinia’s experience is primarily in high-value complex financial issues often involving trust assets, businesses, multiple properties (UK based and International) and inheritance
Davinia’s practice is primarily in matrimonial finance but she has extensive experience in the civil courts and is well versed in the Civil Procedure Rules.
Davinia is able to conduct in-house training upon request.
In her spare time, Davinia enjoys racing around Donnington Park And Mallory Race Track on her Kawaski ZX6-R motorbike.
Ranked as a Leading Junior in the Legal 500 2022
Recent Cases
W v W
A case where H claimed that W controlled assets left in a discretionary trust and thus should be part of the matrimonial pot. Davinia successfully argued for contribution costs towards and an order that W pay a portion of H costs towards the proceedings.
H v H
Davinia acted for the respondent in a case where the matrimonial assets were valued at over £2.5m. The case involved arguments over inherited funds and whether or not they should be ringfenced, and a complex pension scheme for the husband who had a significant pension worth over £1m
M v M
Davinia represented respondent husband in a case where the assets are worth over £3.6m. The case involved a dispute over a significant property portfolio both in the UK and in Europe. The case also involves a dispute as to whether it is a needs, or sharing based case.
K v K
Davinia acts for the respondent husband in a case involving a business with a turnover of over £3m with several shareholders including the married couple. There have been several forensic accountants’ reports and there is a significant dispute as to the value of the business, and whether H can claim ‘special contribution’. There is also a complex issue regarding H’s pension as it is linked to the business and SJE reports in respect of the true pension value.
W v W
Davinia represented the applicant in a case where the assets were worth over £2.8m in an enforcement application, whereby the respondent had failed to set up a trust fund for £300,000 was over £7,000 in arrears for maintenance, and had failed to pay the full periodical payments of £1500 per month. The issues that arose included whether or not the arrears ought to be remitted; whether or not the respondent ought to be committed to prison and costs. Davinia was successful in the application and obtained 90% of the costs sought.
Local Authority v B and B
Davinia was instructed to advise and represent a Large Local Authority who sought to be joined to proceedings in respect of a Proceeds of Crime Act Order against one of the parties where the assets were worth over £2.5m.
Education
BSc Psychology (2:1)
Post Graduate Diploma in Law – Birmingham University
Bar Vocational Course (Very Competent) – Nottingham Law School
Appointments and Memberships
Inner Temple Exhibition Award
Duke of Edinburgh Scholarship
Testimonials
“Davinia’s paperwork is first-class and ahead of time. She establishes an early rapport with clients.” Legal 500 2022
