Chris Bryden

Chris is the Head of Chambers’ Family Group, encompassing private client litigation, and has vast experience of these areas of law. He practises principally in the financial and trust aspects of family law, particularly financial remedies and TLATA, and in contentious probate work, the principles of which are closely linked. He is also able to undertake private law children and Court of Protection work.

Chris has experience across the Family Courts and the Family Division of the High Court and has petitioned the Supreme Court in a financial remedies case and advised on merits in a professional negligence claim arising out of financial remedies in respect of a Supreme Court appeal.

FINANCIAL REMEDIES

Chris has experience in acting for clients at all levels of court up to and including the Supreme Court, and is regularly instructed in complex cases with high asset values or where there are company structures, using his detailed knowledge of other areas of law to benefit his clients. He has acted in many cases with convoluted legal issues, including where bankruptcy or the Proceeds of Crime Act are involved. He has acted in numerous cases involving third party interests, including a case involving a dispute between competing claims by an equitable chargeholder and a wife over the beneficial interest of the Husband. He is often instructed by high net worth individuals including one memorable case in which an island was the principal asset. However he is equally at home advising on cases with limited assets, and is prepared to consider fixed fees at competitive rates for such work.

Chris also acts in schedule 1 Children Act claims, arbitrations, mediations, adjudications and has significant experience of private FDRs.

Chris has also been involved both in the drafting of Pre- and Post-Nuptial Agreements and litigation arising out of disputes over such Agreements. He has also lectured widely in this developing area of law.

Recent examples of cases include:

• An adjudication involving a company with hidden assets (2020);
• A case involving a settlement following which a party realised an asset worth several £m which had not been disclosed (2020 – not involved in the settlement);
• A case involving significant pensions and a dispute as to valuation methodology (2020);
• A case involving multiple intervenors and a Very High Net Worth client (2019);
• A case involving multi-million-pound assets, an island and a complex corporate structure (2016);
• A case involving family trusts and contentions as to whether monies advanced were loans, gifts, trust funds or available resources (2017);
• A petition (unsuccessful) to the Supreme Court arising out of lengthy litigation over a final order (2015).

TRUSTS OF LAND

Chris acts regularly in TLATA disputes and has a reputation for having an unrivalled knowledge of the law. He has lectured widely on the various developments in the law of co-ownership in recent years and his Masters degree also included the study of advanced trusts and equity. He also has a particular interest in secret and half-secret trusts.

Recent examples of cases include:

• A successful contested TLATA claim in which a defence of coercive control and duress was raised (2021);
• An occupation rent/equitable account dispute (2020);
• A case involving multiple claimants contending an interest in a family home (2020);
• A case involving companies holding property assets and whether a party was the true beneficial owner (2019);
• A three day dispute over a property worth over £2m, involving claims of proprietary estoppel (2017);
• A multi-day dispute involving the ownership of farmland and residential premises (2017);
• A four day dispute relating to the beneficial ownership of a family company (2017).

CONTENTIOUS PROBATE

Chris has acted in numerous contentious probate cases and disputes over wills that involve property, including allegations of lack of capacity, undue influence, want of knowledge and approval, fraudulent calumny (on which he was published in 2020 in the Family Law Journal) and donationes mortis causa. He has been instructed on a number of occasions in High Court actions arising out of contested wills, capacity issues, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and secret trusts. He has also been instructed on numerous occasions in respect of mediations arising out of disputes over wills, averaging around four per month.

Recent examples of cases include:

• Advising on an alleged DMC made to the partner of the Deceased in hospital, shortly before death (2021, ongoing);
• Advising on and pleading a defence to a claim involving an alleged DMC (2021, ongoing);
• Advising on, then settling in mediation, a DMC claim relating to significant property (2021);
• Successfully proving a will challenged on grounds of capacity and undue influence, following a five day trial (2021);
• A long-running challenge to a will based on undue influence and fraudulent calumny (2020);
• A claim involving disputed paternity and declarations of parentage (2019);
• Instructions to advise on a very high profile Estate worth in excess of £200m on behalf of a potential dependency Claimant (2018);
• A successful mediation over a £4m contested Estate involving an alleged secret trust (2017);
• An unfair prejudice claim listed for 3 days in the High Court, ultimately settled (2015-17);
• A High Court challenge to a will involving injunctive relief (2015).

PRIVATE LAW CHILDREN

Chris acts when requested in private law children cases, including applications for leave to remove from the jurisdiction and child abduction cases. He has significant experience of disputes between parents and is often instructed to deal with intractable cases of parental alienation.

COURT OF PROTECTION

Chris has experience of Court of Protection work and has been engaged in respect of cases including deprivation of liberty; contact; the contested appointment of deputies and in respect of statutory wills

Recent examples of cases include:

• A case involving a disputed health and welfare LPA and contact between adult daughters and the patient (2017);
• A case involving a contested statutory will (2017)

What Clients Say

“High quality work and excellent judgment”

“One of our preferred barristers”

“In depth legal knowledge, excellent communication skills and a great advocate”

“Delivers excellent results”

“Knowledgeable, proactive and very pleasant to deal with”

“A thorough and fearless advocate”

Commercial and Property

Chris is the Secretary to the Chambers Civil Group and head of the Property Team. He has wide-ranging expertise in contractual and commercial disputes, construction, issues relating to real property, trespass, nuisance, disputes under the Occupiers’ Liability Acts, Party Wall Act claims, civil and commercial leases and disputes involving the Land Registry (land registration, adverse possession etc). He is regularly instructed to advise and act on complex commercial cases or on novel points of law. He has significant experience of multi-day disputes including adverse possession, disrepair, and disputes involving contentions under the Trusts of Land and Appointment of Trustees Act 1996 and proprietary estoppel, as well as commercial disputes between parties.

Chris frequently appears in the High Court, County Court and First Tier Tribunal, dealing with disputes arising out of residential and commercial tenancies, particularly forfeiture, guarantee and service charge disputes. He has experience of the public, private and commercial sectors and has regularly been instructed in multi-day possession trials. He also deals with matters including service charges, enfranchisement and lease extensions and matters relating to the construction of leases. His technical expertise is commonly called upon in respect of more legally complicated matters, including recently a multi-party dispute relating to ownership of a rear courtyard with linked averse possession cross-claims; and acts for landlords, tenants, residents’ associations and RTM companies, amongst others. He was recently instructed with regard to cross-applications relating to dispensation from section 20 consultation requirements, approval of future service charges and a challenge to those and other charges in respect of a residential development of in excess of 300 flats. He is involved in an ongoing basis in a large commercial dispute relating to block contracts in a large Metropolitan area. His commercial knowledge is particularly appreciated in real property cases with a contractual element.

Chris acts regularly in TLATA disputes and has a reputation for an unrivalled knowledge of the law. Recent cases include Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch). He has lectured widely on the various developments in the law of co-ownership in recent years and his Masters degree also included the study of advanced trusts and equity. He also has a particular interest in secret and half-secret trusts.

Chris is an unrivalled draughtsman, regularly preparing complex pleadings in commercial and property matters. He has a reputation for practical and pragmatic written advice and is often instructed at an early stage of the proceedings to work closely with lay and professional clients to achieve the best possible and most cost-effective outcome.

What Clients Say

“High quality work and excellent judgment”

“One of our preferred barristers”

“In depth legal knowledge, excellent communication skills and a great advocate”

“Delivers excellent results”

“Knowledgeable, proactive and very pleasant to deal with”

“A thorough and fearless advocate”

Company, Partnership and Insolvency Law

Chris has a niche company law and insolvency practice, having undertaken a Masters degree in corporate insolvency work. He has retained a particular interest in litigation involving companies, and is often asked to advise or act in cases such as those involving unfair prejudice to minority shareholders or litigation in respect of shareholder and partnership agreements. He has acted for numerous clients in respect of claims arising out of contracts relating to the vesting of share options or buyouts on floatation and in respect of the dissolutions of partnerships. He also has significant experience in respect of both personal bankruptcy and corporate insolvency litigation.

Chris has acted on several occasions in respect of the cross-border merger of companies within the European Union, a specialist area of practice in which he has gained repeat business.

Chris also acts in respect of non-contentious company work, including the preparation or consideration of specialist Memoranda of Association, shareholder and partnership agreements, and corporate policies. He has a particular interest in the effect of social media on the corporate workplace.

Case Examples

• Acting in a section 994 petition involving a substantial family company in which dividends were being diverted from one shareholder
• Advising on the dissolution of a partnership in acrimonious circumstances
• Advising on the terms of numerous partnership agreements
• Advising on a section 994 petition arising from financial remedy proceedings
• Attending several AGMs and advising companies, partnerships, and individuals in this regard
• Acting in several mediations relating to partnership disputes

Chris is acknowledged as an expert in the field of harassment and cyberstalking and on 12 October 2011 at the invitation of Elfin Llwyd MP gave evidence to a Parliamentary Select Committee Inquiry into potential amendments to the Protection from Harassment Act 1997. The report of the Committee led directly to the amendment to the 1997 Act to include a specific offence of stalking.

Chris is the co-author of the leading paper in this area of law, entitled I CAN See You: Harassment and Stalking on the Internet and published in the Journal of Information and Communications Technology. Since publication, Chris has also presented a paper at the IADIS Conference held in Rome in July 2011 building on his conclusions, and which  was published in the October 2012 International Journal of Distributed Systems and Technologies.

Chris works closely with the National Centre for Cyberstalking Research, based at the University of Bedfordshire, as well as the Cyber Stalking Unit established by Collyer Bristow. He is also affiliated with the National Stalking Training Academy which provides training and awareness of the risks posed by Cyberstalking. In November 2011 Chris was appointed visiting Fellow of the University of Bedfordshire, as part of his ongoing work with the National Centre for Cyberstalking Research.

Chris is also the co-author of the paper “Cyberstalking in the UK: Analysis and Recommendations”, IJDST 3(4), 34-51 Oct-Dec 2012 and his first book, Social Media in the Workplace, was published by Jordan Publishing in 2015.

Chris also has an extensive paper practice covering pleadings and advice on all areas of the law and is able if necessary to provide oral or written advice at short notice.

Chris has also gained significant experience of mediation and alternative dispute resolution and is regularly instructed at an early stage in proceedings for his ability to assist in negotiated settlements or at round table or mediation meetings.

Chris has gained a reputation for diligence, hard work and an ability quickly to identify the important aspects of a case. He is approachable and available for advice both formally and informally and is known fearlessly to promote the interests of his clients.

Chris undertakes instructions directly from members of the public under the Bar Direct Public Access scheme, which allows him, in appropriate cases, to work without a solicitor. However in appropriate cases Chris will recommend that members of the public that approach him directly nevertheless consider appointing a solicitor, in the usual fashion. Chris can be contacted via the clerks for Public Access enquiries in any of his areas of practise or for more details reference should be made to his personal website: www.chrisbryden.co.uk.

Chris enjoys preparing and presenting seminars on various areas of the law, both in Chambers as part of its ongoing seminar program and in house directly to solicitors. His seminars are CPD accredited and he is happy to prepare seminars specifically on request by solicitors in areas of law that may be of interest to them.

Recent Seminars Include:

The law on cohabitation
Financial Remedies: an update
Financial Remedies: pensions and CGT
Debt Recovery – nuts and bolts
Wyatt v Vince
Insolvent Employers
After Judgment – Getting what’s owed
Harassment in the Workplace
Termination of Tenancies for Tenant Default
Businesses, bankruptcy and life after Charman
Costs and Compensation in the Employment Tribunal
Chris also presents a continuing series of webinars through CLT Training.

Chris’ first book, Social Media in the Workplace: A Handbook, was published in 2015 by Jordan Publishing. It is aimed at solicitors, barristers, HR departments and others who wish to gain an insight into the risks posed by Social Media in the context of employment, tort and defamation law. More details can be found on the Jordan Publishing website.

Chris is acknowledged as an expert in the field of harassment and cyberstalking and on 12 October 2011 at the invitation of Elfin Llwyd MP gave evidence to a Parliamentary Select Committee Inquiry into potential amendments to the Protection from Harassment Act 1997. The report of the Committee led directly to the amendment to the 1997 Act to include a specific offence of stalking.

Chris is the co-author of the leading paper in this area of law, entitled I CAN See You: Harassment and Stalking on the Internet and published in the Journal of Information and Communications Technology. Since publication, Chris has also presented a paper at the IADIS Conference held in Rome in July 2011 building on his conclusions, and which is due to be published in the October 2012 International Journal of Distributed Systems and Technologies.

Chris works closely with the National Centre for Cyberstalking Research, based at the University of Bedfordshire, as well as the Cyber Stalking Unit established by Collyer Bristow. He is also affiliated with the National Stalking Training Academy which provides training and awareness of the risks posed by Cyberstalking. In November 2011 Chris was appointed visiting Fellow of the University of Bedfordshire, as part of his ongoing work with the National Centre for Cyberstalking Research.

Chris is also the co-author of the paper “Cyberstalking in the UK: Analysis and Recommendations”, IJDST 3(4), 34-51 Oct-Dec 2012.

Chris is co-author of the Costs in the Employment Tribunal chapter in “Costs Law: A Practitioner’s Guide”, published by ARK Group, 2016.

In addition to his work relating to harassment and cyberstalking, Chris is a prolific author of legal articles and papers, which regularly appear in various legal journals. He has recently been appointed to the panel of expert authors of the New Law Journal and is commissioned to produce at least six articles for them per year. A list of his articles can be found here.