Victoria Holroyd

Family financial matters form a large part of Victoria’s practice. She is involved in all aspects of family financial remedies from first appointment, FDR, final hearing, appeals, enforcement and applications to vary. Victoria also undertakes Schedule 1 cases.

Victoria’ family financial instructions span from difficult cases where needs exceed assets to high net worth cases where there is more scope for more complex / nuanced legal argument with regards to inherited and other non-matrimonial assets, sole assets, unmatched contributions, relationship generated needs and damage to earning capacity, complex pension issues and company ownership to name but a few.

Victoria is highly numerate with a number of financial qualifications, an MBA and additional experience as an adviser and investment manager in private equity / venture capital. This gives her a particular advantage when dealing with more complicated financial affairs such as family businesses, trusts, company assets and farms.

Victoria’s husband is a Commander in the Royal Navy and she therefore also has an excellent first-hand understanding of issues particularly affecting Armed Forces marriages including the AFPS and post-Forces employment.

Examples of recent experience include:

• A significant financial remedy case involving concurrent proceedings in Iran under Sharia law, expert evidence regarding Iranian proceedings and enforcement and assets based in the UK and Iran
• A UK based high net worth case involving city traders, Muslim marriage, talaq or kuhr and substantial mahr issues.
• An unusual needs case involving parties with a significant age gap and an international element;
• A relatively significant asset case driven by the client’s single ambition of retaining the largest asset, the FMH, which had been in his family for generations, unmatched contributions and non-matrimonial assets arguments and complex defined benefit / defined contribution pension and offsetting issues;
• Very contentious case with complex NHS and fire-service pension issues
• Representation of parents as intervenors in financial remedy proceedings claiming an interest in the FMH as a result of funds invested
• Highly contentious case involving the division of a farm, several investment properties, pensions and an intervenor
• Unusual small-money case concerning a houseboat as the FMH which went to appeal and involved further enforcement action
• Case involving complex issues of company valuation and non-transferable significant private shareholding
• Case concerning significant Civil Aviation pension assets. Many cases involving NHS, AFPS and other civil service pensions as well as private defined benefit and money purchase schemes
• Case concerning a short marriage producing a young child with small-matrimonial finances, overseas assets with disclosure issues and a significant post-separation inheritance

Victoria has represented clients in a range of ADR situations including Private FDRs, Early Neutral Evaluations, Arbitration and Mediation.  She also accepts instructions as a PFDR judge.

Recent relevant experience includes:

• Acting for a client in a private FDR involving high net worth individuals and cross-border issues.
• Acting for a client in a financial remedy arbitration on paper.
• Acting for a client in a financial remedy arbitration heard remotely.
• Acting for a client at mediation regarding a significant breach of trust and fiduciary duty in a family matter.
• Acting for a client in relation to the division of a farm and farming related businesses after a long relationship under TLATA
• Acting for a number of claimants who were adult children (one with a disability) brought under the Inheritance (Provision for Family and Dependents) Act 1975 where the beneficiary was the deceased’s recent, significantly younger Far Eastern bride
• Acting for the claimant in relation to a claim brought under TLATA and the Inheritance (Provision for Family and Dependents) Act 1975 where the claimant was the deceased’s long-term same sex partner and the deceased died intestate against the beneficiaries who were the deceased’s long-estranged family

Victoria’s practice includes co-ownership disputes (claims under TLATA and in proprietary estoppel in relation to the beneficial ownership of property); contentious probate and administration; breach of trust and fiduciary duty; and, claims for adequate provision under the Inheritance (Provision for Family and Dependants) Act 1975.

Recent examples of work and current instructions include:

• Advising numerous clients on prospects of success and procedural issues in constructive trust and proprietary estoppel matters
• Representing parents and other family members intervening in financial remedy matters on the basis of a trust of property
• Representing the parents in a significant breach of trust and fiduciary duty case brought by their daughter in relation to a substantial personal injury trust fund.  The matter was complicated by mental health difficulties on one side, physical disabilities on the other and the need for BSL interpreters.
• Representing several clients in court and advising on a number of concurrent TLATA and Schedule 1 matters related to the beneficial ownership of property under a constructive trust and linked Schedule 1 application
• Acting for a client in mediation in relation to the division of a farm and farming related businesses after a long relationship under TLATA
• Acting for a number of claimants in court and in mediation who were adult children (one with a disability) brought under the Inheritance (Provision for Family and Dependents) Act 1975 where the beneficiary was the deceased’s recent, significantly younger Far Eastern bride
• Acting for the claimant in mediation in relation to a claim brought under TLATA and the Inheritance (Provision for Family and Dependents) Act 1975 where the claimant was the deceased’s long-term same sex partner and the deceased died intestate against the beneficiaries who were the deceased’s long-estranged family
• Representing a client seeking possession of a property and resisting a TLATA application made by the occupiers of the property, the client’s ex-parents-in-law

Victoria is instructed by businesses and individuals in commercial chancery matters. Her expertise includes contracts, company law, director, shareholder and partnership disputes.

Recent examples of work and current instructions include:

• Acting for a client seeking to enforce a judgment after 6 years had passed.  The matter was further complicated by the involvement of Corporate Administrators, insolvency and assignment issues.
• Acting for a direct access client in proceedings brought by the liquidator of a company she had previously been a director of for misfeasance under s.212 of the Insolvency Act 2006 and a preference under s.239 of the Act. The case was further complicated by limitation issues
• Acting for a client in a high-profile construction negligence case involving further potential litigation regarding contractual issues relating to a Sharia compliant Islamic mortgage alternative (Home Purchase Plan or HPP) based upon the Islamic finance principles of co-ownership (Diminishing Musharaka) and leasing (Ijara)
• Acting for a client in a partnership dispute where the partnership had broken down and the client sought the recovery of investment made in the failed partnership

Victoria is regularly instructed in co-ownership disputes particularly those involving the breakdown of a relationship where the parties were not married. She has also represented clients in residential landlord & tenant, commercial landlord & tenant and charges and mortgages matters (including Sharia compliant mortgage alternatives).

Recent examples of work and current instructions include:

• Advising numerous clients on prospects of success and procedural issues in constructive trust and proprietary estoppel matters
• Representing parents and other family members intervening in financial remedy matters on the basis of a trust of property
• Representing several clients in concurrent TLATA and Schedule 1 matters related to the beneficial ownership of property under a constructive trust and linked Schedule 1 applications
• Representing a client seeking possession of a property and resisting a TLATA application made by the occupiers of the property, the client’s ex-parents-in-law
• Representing a client in a mediation against the estate of his deceased long-term same-sex partner in a TLATA and Inheritance Act claim
• Representing clients seeking and opposing Occupation Orders
• Representing a client in a potential action against a Sharia compliant mortgage alternative provider