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Luke Barnes

Call 1996

Email LBarnes@3djb.co.uk

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For the fifth year, Luke is ranked by The Legal 500 UK as a Leading Junior in the field of Private client: trusts and probate. His entry in the 2024 edition is: ‘Luke has a meticulous eye for detail, and his knowledge is unmatched. His advocacy [shows]   precision, insight and a sharp intellect.’ His 2023 entry includedHis pleadings are second to none. He is extremely knowledgeable in trusts law and leaves no stone unturned. He is realistic in his advice and presents it in a clear and succinct manner.’ In 2022 he was described as: always enthusiastic and approachable, [able] to turn a difficult case around and will dedicate himself to putting the best possible arguments forward for the client.

Luke practises in the demanding area where Chancery meets Family. His expertise encompasses competing property interests, the subtle and complex issues surrounding trusts of land, and a wide range of family property disputes  – frequently in the shadow of separation, divorce, bankruptcy or death. 

Best known for his work concerning the establishment and quantification of beneficial interests in real property in TLATA and Intervenor claims, Luke often applies his incisive approach to related issues which may arise in such cases or independently, such as proprietary estoppel, capacity, undue influence, illegality, mistake, entitlement to funds in joint bank accounts, and the equity of exoneration.

A genuine specialist, very experienced in civil and family litigation and equally at home providing persuasive advocacy or carefully reasoned advice, he frequently gives seminars and contributes articles to legal publications.

Luke is qualified to accept instructions under the Bar Council Public Access scheme.

Luke offers Private Neutral Evaluation and Financial Dispute Resolution Appointments in all areas of his practice, both before and after the issue of proceedings. Click here to see his specimen “PNE&FDR” letter.

 

Reported Cases

Springall v Paice E10CL911 Widely reported in the regional and national press in 2019

Complex cohabitants’ property dispute involving the family home and three development properties. Total value over £3m.

Griffiths v Cork [2009] WTLR 955 (Ch)

Capacity to execute disposition of beneficial interest – burden of proof where disponor suffering from mental illness

Babar v Anis [2005] 3 FCR 216 (Ch)

Promissory estoppel as a defence to possession proceedings brought by former 'husband' against former 'wife' following decree of nullity (case cited in Snell's Equity 32nd Ed at 12-015)

 

Articles

Hudson v Hathway - disposition and detriment - 09/03/2023

“TOLATA update: inference, detriment and illegality” (Article in Family Law magazine April 2021)

Undue Influence in the Family - 01/02/2014

Shouldn't this Joint Tenancy be Severed?' - 2011

'Defining Detriment' -2009

'Context is Everything' - 2009'

"Stack .v. Dowden - the principles in practice" - 2007 (referred to in Williamson .v. Sheikh [2008] EWCA 990

 

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Degree/University

M.A. Classics (New College, Oxford)

M.A. Law (City University)

 

Memberships

Property Bar Association,

Family Law Bar Association,

Franco-British Lawyers' Society,

Lawyers for Liberty

 

Areas of Practice 

Real property and trusts of land

Co-ownership, cohabitants' and family property disputes

Resulting and constructive trusts, proprietary estoppel

Undue influence, capacity, equitable remedies

Trusts of Land and Appointment of Trustees Act 1996

Inheritance (Provision for Family and Dependants) Act 1975

Mental Capacity Act 2005 and Court of Protection

Intervenor claims in financial remedies proceedings

Financial provision for children under Schedule 1

 

Languages

Fluent French

Some Arabic

 

Outside Interests 

Family life, skiing, riverside walks / cycle rides, travel in France

 

 

 

"The barristers are friendly, thorough and personable and are always willing to help. The clerks and admin staff are excellent and always go over and beyond to assist."

 

"The cohesive clerking team in Chambers have a combined depth of experience which is second to none."

 

"Impressive skills to handle intractable and challenging divorce and financial remedy cases."

 

"Chambers has a dedicated and professional clerking team. They are able to deal with any enquiry and are most helpful and reassuring" 

 

"They have a wide range of top quality senior and junior barristers who deal with high net worth financial work and can handle any type of children work." 

 

"James Doble has an innate ability to assist in choosing the right barrister for the right case. He leads his team meticulously." 

3DJB  HAVE MOVED !!!

Chambers have moved premises to another historic building at Dickens House, 15 Took's Court