luke nelson

Luke Nelson

Year of Call: 2017
Email Address: luke.nelson@3pb.co.uk
Telephone: 0121 289 4333

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Overview

Luke Nelson took tenancy at 3PB following successful completion of his pupillage under Luke Ashby, Robert Grey and Hamish Dunlop.

Luke undertakes a practice with a focus on financial remedies, TOLATA and property disputes. He has also recently built a strong practice in assisting clients with CMS appeals, in which the court reconsiders the child maintenance or child support.

Luke is approachable, calm, confident and able to put his clients at ease: utilising the skills he acquired in his previous life in the entertainment industry. He offers a sensible, pragmatic and persuasive approach to the matters in which he is instructed.

Luke offers a principled, interest-focused approach to negotiations, whether at FDR, mediation or through correspondence. Luke understands that the key to a successfully negotiated outcome is achieving an outcome that satisfies both parties’ interests. He pursues that goal with compassionate and issue-centric advocacy.

Advocacy & Legal Experience

Prior to commencing pupillage, Luke worked as a part-time lecturer in Family Law at the University of Gloucestershire. He taught private family law to the second year students at the university, setting and marking coursework, teaching lectures and seminars and delivering occasional online Skype lectures.

Luke also undertook work as a solicitor’s agent: providing advocacy services on various matters across the country.

Biography

Luke has an unusual biography for a barrister, having been the drummer and manager of a heavy metal band until 2014, playing numerous concerts across the UK and recording an album during a six year career in the music industry; all while managing a successful pool bar.

Interests

Outside work, music still remains a great interest, as well as heath, fitness and cooking.

Expertise

  • Property and Estates
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    Luke has a particular interest in matters arising out of the Trusts of Land and Appointment of Trustees Act 1996 and is comfortable advising and advocating in concurrent Schedule 1 Children Act matters. Luke provides advice in conference or on paper and has a sound knowledge of the principles of equitable accounting and occupation rent.

    Luke is a skilled mediation advocate. He utilises his knowledge of the law to achieve practical, client-led solutions which work (so far as possible) for both sides. Luke understands that the key to successful mediation is identifying and addressing each party’s competing interests and developing a solution that satisfies both.

    Luke has recent experience in the following:

    • Drafting statements of case and advising on prospects and offers pre-issue
    • Advising and appearing in all hearings from inception of the claim, to CCMC to final hearing
    • Advising in relation to the establishment of a constructive trust based on an agreement which was never executed, where the defendant was refusing to make mortgage payments over the property and possession proceedings were impending
    • Advising and representing a client in a case involving large contributions from both sides, a reconciliation and considerable sums spent on renovations
    • Representing a client in a long-running case alongside Children Act sch 1 proceedings where the respondent had suppressed the profit-earning capacity of the business in order to remain in the FFH
    • Advising on a matter involving an agreement to transfer the beneficial interest in a property where the buy-out sum was never paid
    • Obtaining strike out and summary judgment against a company who wrongfully asserted the existence of a common intention constructive trust, proprietary estoppel and agreement to dispose of beneficial interest in domestic property
  • Family
    Add this expertise to your shortlist

    Luke undertakes a primarily finance-based practice: specialising in financial remedies, co-ownership disputes and contested divorce. Luke is known for his down-to-earth, practical and pragmatic approach to financial cases as well as his deft client care skills. He approaches all matters knowing that his clients are experiencing one of the most difficult times of their lives and endeavours to ease their burden with an easy rapport and clear advice.

    Luke taught private family law and financial remedies at the University of Gloucester before joining chambers and uses this experience in the matters in which he is instructed.

    • Finance
      Add this expertise to your shortlist

      Luke has experience in a wide variety of financial remedies matters. He is able to run a case through from FDA to Final Hearing. He is also comfortable advising on enforcement actions, setting aside consent orders and intervener actions. Luke is also happy to draft all documents required in financial remedies matters, including questionnaires, schedules of deficiency, offer letters & interim applications. Luke frequently acts in cases regarding foreign property and expert valuation of the same. Luke has recent experience in the following:

      • Representing the company of a wealthy husband which was asserting ownership over various matrimonial properties in the High Court alongside and against leading Queen’s Counsel
      • Advising and representing in a matter involving an alleged fraudulent disposition of cross-border property
      • Successfully establishing the validity of an ante-nuptial agreement alleged to have been entered into under duress
      • Successfully arguing an add-back of c.£40k in a needs case due to what the judge described as attempting to hide wanton dissipation ‘under a veil of legitimacy’
      • Prosecuting an application for committal based on consistent failures to comply with the service of financial disclosure
      • Resisting an application for a Legal Services Payment Order where both parties worked and lived in Australia and the UK
      • Advising on and drafting an application to freeze assets pending the outcome of financial remedy proceedings
      • Assisting Hamish Dunlop in a long-running farming case involving inherited wealth and equestrian assets; the latter issue forming the basis of concurrent intervener proceedings
    • Property
      Add this expertise to your shortlist

      Luke has a particular interest in matters arising out of the Trusts of Land and Appointment of Trustees Act 1996 and is comfortable advising and advocating in concurrent Schedule 1 Children Act matters. Luke provides advice in conference or on paper and has a sound knowledge of the principles of equitable accounting and occupation rent.

      Luke is a skilled mediation advocate. He utilises his knowledge of the law to achieve practical, client-led solutions which work (so far as possible) for both sides. Luke understands that the key to successful mediation is identifying and addressing each party’s competing interests and developing a solution that satisfies both.

      Luke has recent experience in the following:

      • Drafting statements of case and advising on prospects and offers pre-issue
      • Advising and appearing in all hearings from inception of the claim, to CCMC to final hearing
      • Advising in relation to the establishment of a constructive trust based on an agreement which was never executed, where the defendant was refusing to make mortgage payments over the property and possession proceedings were impending
      • Advising and representing a client in a case involving large contributions from both sides, a reconciliation and considerable sums spent on renovations
      • Representing a client in a long-running case alongside Children Act sch 1 proceedings where the respondent had suppressed the profit-earning capacity of the business in order to remain in the FFH
      • Advising on a matter involving an agreement to transfer the beneficial interest in a property where the buy-out sum was never paid
      • Obtaining strike out and summary judgment against a company who wrongfully asserted the existence of a common intention constructive trust, proprietary estoppel and agreement to dispose of beneficial interest in domestic property
    • Injunction
      Add this expertise to your shortlist

      Luke accepts instructions relating to injunctions and ownership of property, including non-molestation orders, occupation orders and applications for transfer of tenancy – usually linked to concurrent or impending financial remedy proceedings.

      Luke is experienced in advising on applications for freezing injunctions and avoidance of disposition orders under the Matrimonial Causes Act, Senior Courts Act and the court’s inherent jurisdiction.

  • Articles
    • TOLATA: a brief guide to issuing proceedings

      Luke Nelson provides an overview of the procedural elements of starting a standalone TOLATA claim together with some useful practical advice for this stage.

      View Article
    • Remote Hearings - A practical guide to case management

      3PB Barrister Luke Nelson produces a practical guide to case management during remote hearings.

      View Article
    • Remote Hearings Checklist

      3PB specialist family law barrister Luke Nelson creates a remote hearings checklist.

      View Article
  • Recommendations

    "In my time with Luke on our pre-court call and all day in court, Luke listened to me, was patient and empathetic but also challenging. On top of all that he's a nice bloke too!

    The simple yet powerful narrative he pulled together for the court were, for me, quite simply perfect. It made me feel understood and content. Despite a great deal of sabre-rattling from the applicant, Luke kept his composure and calmly but firmly asserted our position. He clearly connected with the court, foresaw and addressed its concerns and was mindful of the position he would take if in his opponent’s camp.

    The phrase velvet glove springs to mind!

    I will advocate for Luke to work with you and others again."

    Lay Client

    “I would like to take this opportunity to thank you for recommending Luke Nelson to me. It's a scary concept to entrust somebody you've never met with a truly life-altering court case. However, Luke had clearly absorbed every tiny detail of the case and he delivered it in court with precision and persuasiveness. As a result, the judge warned the other side to drastically reconsider their position, and they did. In short, it was A MASSIVE WIN.”

    Lay Client, Financial Remedies

    “I recently instructed Luke on an FDR with a difficult opponent and a difficult client. He performed far in excess of his Call and his charm in dealing with judges is quite exceptional.”

    Solicitor, Financial Remedies

    “I just wanted to put in writing how impressed both I and my client were with the performance of Luke Nelson in court yesterday. Everything was handled with outstanding professionalism and ability and a resounding success was obtained for the client. I really feel Luke went well beyond the call of duty with all that he did in terms of preparation and delivery (in particular the skeleton argument). I have no doubt that his ability will take him far in this career.”

    Regional Solicitor

    “Thank you for this morning. You made it easy for me to understand the process, and in agreeing the sensible items prior to the hearing, made it more straightforward.”

    Client, financial remedies proceedings

    “Luke is an excellent communicator and builds a great rapport with clients. He has a professional and approachable manner, which places any client at ease in often difficult circumstances. Luke has been able to drill down the issues within a case and approach those in a methodical and academic manner which has resulted in a first class service and result for the client overall. ”

    Eleanor Wood, Goughs Solicitors

    "Luke Nelson approached our case with total dedication, incredible commitment, stunning professionalism and deep empathy for us.
    He made all the difference. Not only to how we were feeling through it all, but in obtaining us the result we wanted.
    In court, Luke was electric, hard-hitting and exceptionally clever in his cross-examination of the claimant. I can honestly say that he is a barrister who not only represents the highest legal standards, as one would hope for, but he also superbly represents & defends his client, to a level that was without doubt simply outstanding, and quite exceptional.
    We will never be able to thank him enough."

    Client

  • Expand recommendations

Academic qualifications

  • University of Gloucestershire (2 year fast-track LLB) - First Class

Scholarships

  • Provost’s Award For Excellence, University of Law, BPTC 2017
  • Law Prize for Outstanding Achievement, University of Gloucestershire, 2017
  • Finalist, Lincoln’s Inn Inter-Provider Mooting Competition, 2017
  • Undergraduate Team Award, National Client Interviewing Competition, 2016
  • Sir Thomas More Bursary, Lincoln’s Inn, 2016
  • Neuberger Prize, Lincoln’s Inn, 2015

Professional qualifications & appointments

  • University of Law (BPTC), Birmingham - Very Competent

Professional bodies

  • Lincoln’s Inn
  • FLBA
  • Western Circuit