Michael Horton KC

Mike specialises in complex financial remedy cases and in ToLATA disputes (ie property disputes between cohabitees or unmarried couples under the Trusts of Land and Appointment of Trustees Act 1996).  He has particular experience of appellate work and work with an international element.  Mike also undertakes some children work (but not public law work), and some adult social care work.

In Chambers UK 2012, Mike was described as ‘one of the set’s most promising juniors. He is known for his “keen analytical brain” and “tremendous knowledge” of the law.’  Mike has appeared as a leading junior in family law in Legal 500.

In December 2014, Mike was appointed to the Family Procedure Rule Committee.

Mike’s practice now focusses on more complex cases.  His broad practice extends to:

• Conventional financial remedies disputes;
• Cases where insolvency impacts on financial remedy cases: Mike has appeared in the bankruptcy court on contested annulment and other applications;
• The enforcement of pension sharing orders (especially where the pension fund to be shared was under the control of the respondent spouse);
• Intervenors’ property claims in financial remedy proceedings;
• Avoidance of disposition orders;
• Cases where a financial remedy claim is in conflict with confiscation orders made in the Crown Court (in cases both before and after the Proceeds of Crime Act 2002 came into force);
• Advising on pre-nuptial and other marital agreements;
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975 in both the family courts and the Chancery Division. In recent years Mike has experience of such claims settling at mediation and has appeared in contested trials;
• Child support cases (including advising on a recent appeal from the Upper Tribunal to the Court of Appeal);
• Concurrent Schedule 1 and ToLATA claims; and
• Costs disputes

Mike has a particular forte in property law claims, especially those made under ToLATA.  His practice extends to:

• A successful proprietary estoppel claim against the executors of an estate in relation to the major asset of the estate;
• Drug confiscation proceedings in the Court of Appeal on a property law point;
• A ToLATA and Partnership Act claim relating to 27 properties purchased over 10 years;
• A claim to an interest in a holiday home in Spain, brought here under the provisions of Brussels I;
• A disputed application for a restriction resulting in proceedings before the Property Chamber of the First-Tier Tribunal;
• A claim for rectification of a declaration of trust;
• A case where an illegality argument was used to defeat the claim;
• A dispute over the ownership of a houseboat;
• The effect of mutual wills;
• Contested probate matters; and
• Undue influence cases.

Mike has also acted for local authorities and the Official Solicitor in Court of Protection cases.  He represented a local authority in the Court of Protection in an important test case on the appointment of welfare deputies: London Borough of Havering v LD & Anor [2010] EWHC 3876 (COP) (25 June 2010).

Mike has extensive experience of other family law work, including injunctions under the Family Law Act and of divorce proceedings, including defended divorces and jurisdiction disputes under Brussels IIA and the 1973 Act.He advises in cases of alleged professional negligence in his areas of expertise.

His children practice includes acting for parents and children in all forms of private law proceedings. He also has experience of international work and child abduction work, under Brussels IIA and the Hague Convention.

Mike is one of five barristers in Chambers who are fully trained in collaborative law and is also a qualified Arbitrator.

Mike frequently lectures for a number of CPD course providers.

Called 1993.

Cantab (MA Hons).