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Family - Finance

Andrew Day

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Barrister

(Year of Call 2003)

Joined Chambers: 2004

Qualifications:

LLB (Hons) Birmingham

Background:

Andrew is an established family law specialist with extensive experience of dealing with financial disputes between separating spouses, civil partners and unmarried couples, under the Matrimonial Causes Act 1973, the Civil Partnership Act 2004, Schedule 1 to the Children Act 1989 and the Trusts of Land and Appointment of Trustees Act 1996.

He is regularly instructed in cases of significant legal or factual complexity, both where the parties’ means are substantial and where the resources available for distribution are more modest, to advise and to appear in the High Court and in County Courts nationwide, at all stages of proceedings, at first instance and on appeal.

Andrew’s cases often involve, for example, the alleged concealment or dissipation of assets; nuptial agreements; significant pre-acquired, inherited or other non-matrimonial wealth; farming assets; businesses large and small; complex and valuable public service, Armed Forces or self-invested pensions; on- and off-shore trusts; jurisdictional issues; and substantial assets overseas.

He also accepts frequent instructions in cases concerned with the divorce process itself, including defended divorces, applications to withdraw a petition or rescind a decree, disputes as to the validity of overseas marriages and divorces, and the like.

Andrew has a particular interest in cases concerning the interplay between family law and the confiscation of the proceeds of crime under the Proceeds of Crime Act 2002 and earlier statutory regimes. He is regularly instructed in an advisory capacity and as an advocate in cases in which such issues arise, including confiscation and receivership proceedings before the Crown Court.

Though acknowledged as a divorce and finance specialist, in appropriate cases, and particularly where required to ensure continuity for clients involved in concurrent proceedings, Andrew will accept occasional instructions in proceedings under the Children Act 1989 concerning residence, contact and other arrangements for children.

Andrew is proud to have won praise for his diligence and tenacity. He also recognises the key importance of frank, pragmatic advice and of client care. He works hard to achieve an advantageous negotiated settlement as swiftly, amicably and inexpensively as possible, wherever appropriate, but will not shy away from a heavily contested final hearing, if one is required to achieve the right result for his client.

Andrew regularly provides training to other members of Chambers and to instructing solicitors on topical issues in family law.

Recommendations:

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Chambers & Partners 2017: "Andrew is very knowledgeable, strategic and a good negotiator." "His detailed preparation is second to none on finance, he is reassuring to clients with a real desire to achieve the best outcome."

Legal 500 2016: "An excellent advocate, who punches above his weight."

Chambers & Partners 2016: "He is ahead of his years, incredibly eloquent and very much liked by judges. He is fantastic at dealing with clients and managing their expectations." "A strong advocate that punches above his weight and is fantastic in conference. The devil is in the detail and he always captures it."

Legal 500 2015: "He is very structured in his approach to work."

Chambers & Partners 2015: "He has a good, clear and concise manner with clients and a very tenacious manner in court. We like him for technical cases - he is good at pulling out the detail from case law."

Legal 500 2014: ‘He concentrates on the details in a case.’

Chambers & Partners 2014: Andrew Day continues to strengthen his reputation in the field and has quickly become a favourite of many of the instructing solicitors in the region for his commitment and skill in handling complex matrimonial cases, particularly financial and property disputes. "Andrew is extremely diligent. His preparation and written work is first-class, and he is tenacious and determined, with a real attention to detail." "He has a good, clear and concise manner with clients and a very tenacious demeanour in court."

Chambers & Partners 2013: Andrew Day is one of the set's next generation of family law stars. Peers acknowledge that he "is carving out a great reputation for himself," and note his expertise in property and financial-related disputes between married and unmarried partners.

Chambers & Partners 2012: Andrew Day is very able and very good at pushing difficult or unpopular points.

Legal 500 2011: Andrew Day is a very good junior who is recommended for matrimonial finance work.

Chambers & Partners 2011: Andrew Day is making a name for himself at the top end of the matrimonial finance market.

Legal 500 2010: Andrew Day is one of the most impressive junior counsel on the family law circuit.

Memberships:

Family Law Bar Association
Resolution
Midland Circuit
Birmingham Law Society

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