Family
Davinia Riley is a family law barrister who specialises in money and property disputes following relationship breakdowns. Davinia’s experience is primarily in high value, complex financial issues often involving trust assets, businesses and multiple properties (UK-based and international) and inheritance.
Recent Cases
JPM v CEM: Davinia appeared as a led junior for the husband in a successful appeal of a final order in financial remedy proceedings, after the judge at first instance proceeded in the absence of the husband and attributed company assets to the husband personally in the computation exercise. As a result of the successful appeal, the order was overturned.
W v W: 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.
Property
Davinia Riley specialises in a diverse range of property and probate-related legal work, with a focus on achieving practical and favourable outcomes for clients.
Davinia has significant expertise in representing both claimants and defendants in contested probate and estate disputes, including issues of undue influence, forgery, and proprietary estoppel claims. Recently, Davinia successfully secured a favourable judgment in a contentious estate matter which spanned a five-day hearing, involving the validation of a will and the dismissal of a counterclaim under proprietary estoppel.
Davinia has also been involved in a long-standing estate matter where allegations of forgery of a will were found against the defendant, and her clients successfully defended claims of undue influence.
Having extensive experience in Financial Dispute Resolution (FDR) hearings, Davinia regularly secures settlements for clients and achieves favourable outcomes through roundtable settlement discussions and mediations.
Davinia regularly provides written advice on the full range of contested probate matters including allegations of lack of testamentary capacity, undue influence and the validity of wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Additionally, Davinia advises on cohabitation disputes and property claims under TOLATA (Trusts of Land and Appointment of Trustees Act 1996) and and is able to sit as a FDR judge in cohabitee disputes.