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T: +44 (0) 20 7242 3555   |   E: clerks@7br.co.uk

Maria was called to the Bar in 1995. She has 14 years of experience as a barrister in Family law. Her practice is predominantly ancillary relief (the financial aspect of divorce). She is also a strong advocate in private children law disputes (contact, residence and the like applications) and injunctions of a family law nature.  She is known for being friendly and tenacious. She is known for negotiating fair and exceptional agreements on behalf of her clients, avoiding where possible expensive and stressful litigation.

 

Family Law

Ancillary Relief

Maria is instructed on behalf of husbands and wives alike as well as third party Intervener to proceedings. She has been involved in contested proceedings involving issues of serious non-disclosure, international elements, conduct and several million pound assets. Below Maria has summarised some of her more important cases of the last 2 years. [Each case has been anonymised. H = Husband W = Wife].

2009:

  • R v R: Maria was led in this big money ancillary relief case. The case involved three international dynastic family trusts and other assets in the UK, America and Dubai. The asset value is around £40 million.
  • W v W: Maria was led in an extremely litigious and hard fought ancillary relief case. The case settled after a 2 day interlocutory hearing and just before the 10 day final hearing listed before Mrs. Justice Black.
  • P v P: Ancillary relief case listed for a 4 day final hearing in the PRFD. Maria represented the Husband in a case where the Husband said his business had no value and where the Wife said that the business was worth some £20 million plus. Maria’s opponent was a silk for the Wife.

2008:

  • S v S (High Court. Appeal from PRFD). Represented H. Short, childless marriage. H and W married and resident in the UK throughout the marriage. Parties separated. H now resident in Dubai. H avoided W’s application for AR only to be served in Dubai with freezing orders and final order in the AR. Represented H on appeal of the section 37 orders and appeal of the AR orders. Issues of H’s non-disclosure, H’s litigation conduct, H’s pre-marital “other assets”.
  • B v B. Represented H. Assets £1 million. Short marriage, 2 young children. All capital assets were properties brought into the marriage, and maintained during marriage, by the H. W bought the sale of all properties, lump sum equal to 50% of entire net proceeds of sale and pps to her for life. H sought to pay W a lump sum to meet her housing needs, retain title in all properties free of charges and clean break. Issues included non-disclosure, contributions (Miller v Miller (No. 1)), W’s needs and a claim by a third party Intervener (express trust).
  • T v T (PRFD) Represented W. Short, childless marriage. Parties had pre-marital affair for 18 years, married just 2 years. Assets £2 million. H bringing bulk of the assets into the marriage. Issues of length of the relationship (whether relevant to s. 25?), H’s non-disclosure, contributions and W’s needs.
  • A v A (PRFD). Represented W. Long marriages on the face of it but AR proceedings were 16 years post separation. H cohabiting for past 16 years. H accumulated valuable assets and generated a thriving business post separation. W remained in FMH with no assets or pension provision. Assets £0.95 million. W seeking 50% share of all assets. Issues of H’s non-disclosure and contributions.
  • V v V (PRFD). Represented H. Short, childless marriage. Assets £0.4 million on H’s case, £1 million on W’s case. Serious issues of H’s non-disclosure with an international element, and H’s litigation conduct.
  • D v D. Represented W in contested applications for injunctions, ouster orders, children act orders, freezing orders, all AR hearings and application for enforcement. Long marriage with 3 children, family businesses run from FMH. W ousted from FMH following removal by Police. Issues included conduct (serious domestic violence by the W against the H by stabbing. W charged with attempted murder/ GBH), H’s non-disclosure, family business, and W’s needs.
  • L v L. Represented W. Assets £2 million. Short marriage, 1 child. Serious issues of non-disclosure, s.37 application, litigation conduct and W’s needs.

 

Children Act Work

Maria undertakes private children act cases and in the past year she has been instructed to act in several complex public law cases. [M = Mother F = Father]

2007 – 2008

  • Re: P (High Court). Private children act contact application. Represented F. Application by F for contact with 2 young children. Parents married. Allegations of serious violence by F against the Mother and both children. Judge held this was the most serious violence against a child that she had seen in her 20 years.
  • McC v B (High Court): Private children act matter. Represented F of 2 young children. Parents not married. M remarried. M’s application to remove children from jurisdiction permanently to live with new husband in South America.
  • Re K (High Court). Private children act residence dispute. Represented M. Teenage daughter fleeing M’s care to reside with F. F not had contact with M or children in 4 years. Historic serious domestic violence and sexual abuse allegations made by M against F. Daughter suicidal and self-harming.
  • Re D (High Court). Private children act contact application. Represented F. Parents divorced. M alleged F sexually abused both young children. F charged by Police and tried at Inner London Crown Court where he was found not guilty of charges, having spent 12 months in custody on remand. F made application for residence and defined contact orders following his acquittal.
  • Re A (High Court) Public children act matter. Represented F. Children’s mother remarried. Stepfather was the perpetrator of serious sexual abuse and rape of his own daughter daughter’s friends (all under 7 years old) in historic public law findings of fact. Application for residence of all children on behalf of father in current proceedings.

 

Qualifications & Scholarships

  • First Degree - University of Leeds BEng Honours (II i)
    Masters - University of East Anglia
  • Common Professional Examination - London University (Commendation)
  • Bar Vocational Course - Inns of Court School of Law (Commendation)
  • Sponsored degree (British Aerospace, Coultards, Jaguar and Marks & Spencer) 1988 - 1991
  • David Karmel Award (Gray’s Inn Scholar 1994)
  • Pegasus Award (Gray’s Inn Scholar 1995)

 

Memberships

  • Family Law Bar Association

 

Contact Maria Scotland

Phone: +44 (0) 20 7242 3555
Fax: +44 (0) 20 7242 2511
Email: clerks@7br.co.uk