Luke Nelson > Chambers of David Berkley KC > Birmingham, England > Barrister Profile

Luke Nelson

Work Department

Property and Estates; Family

Position

Luke is a financial remedies and TOLATA specialist. Luke is also comfortable undertaking other chancery work such as probate and Inheritance Act disputes.

He has also recently built a strong practice in child maintenance appeals; advising from the inception of a case through to representation at the Social Entitlement Chamber.

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 compassion, focus and issue-centric advocacy.

Luke is an experienced trial advocate. He is regularly praised for his clear and effective cross-examination and his ability to consolidate his trial preparation with the evidence to create a compelling closing speech.

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 online lectures.

Luke also undertook work as a solicitor’s agent: providing advocacy services on various property 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.

Property and Estates

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

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

Luke is a specialist financial remedies barrister. 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.

Financial Remedies

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 involving foreign property, contested business valuations and intervener actions. 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.£50k in a needs case
• 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

TOLATA

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

Injunctions

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.

Property 

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

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.

 

Career

Year of call 2017

Memberships

• Lincoln’s Inn
• FLBA
• Western Circuit

Education

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

University of Law (BPTC), Birmingham – Very Competent

• 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