Edward Kenny

Edward specialises in family law. Complex financial remedies arising out of divorce, and matters involving TOLATA, are a central part of his practice, as are public and private children law.

In financial remedy proceedings, Edward appears in cases across the spectrum from those limited to need and modest wealth to multi-million pound cases involving complex asset structures. His cases often involve business assets, investment properties, sizeable pensions and trusts as well as issues of post-separation earning, conduct, and inherited wealth. Edward also regularly acts for clients who were not married to their ex-partners and find themselves in a very different situation as a result.

Edward has considerable experience in dealing with cases involving children, including, in private law proceedings, removal from the jurisdiction, domestic violence, drug and alcohol abuse, intractable hostility and child abuse and, in public law proceedings, non-accidental injuries, drug and alcohol abuse, chronic neglect as well as physical, sexual and emotional abuse.

Edward’s ability to deal tactfully with clients in delicate emotional situations is much valued, as is his ability to explain complex legal issues in a straightforward manner. Edward aims to provide pragmatic and sensible advice so clients can take a long-term view of their situation and find a solution which avoids the stress and expense of long-running litigation.  In the courtroom, he is known for his persuasive advocacy and steadfast support of his clients.

Edward also acts in cases which involve issues of domestic violence, and represents applicants and respondents in applications for non-molestation and occupation orders.

Edward has also been a criminal and civil practitioner since coming to the bar and still undertakes civil work.

Divorce & Matrimonial Finance

Financial remedies arising out of divorce are a central part of Edward’s practice. He has represented parties in cases across the spectrum from those limited to need and modest wealth to multi-million pound cases involving complex asset structures.

His cases often involve business assets, investment properties, sizeable pensions and trusts as well as issues of post-separation earning, conduct, and inherited wealth.

Edward Kenny's Divorce & Matrimonial Finance Cases

Securing assets in a disputed order

Edward represented a Wife in matrimonial finance proceedings which had concluded some years ago. However the Husband had maintained opposition to the implementation and specifics of an order that had been ordered by the Court at the conclusion of a Final Hearing. Edward secured a detailed order, precisely as sought by the Wife, which both Continue reading

Wife receiving majority of capital assets

Edward acted for a Wife in financial proceedings after a long marriage. With his support, the matter was settled at FDR. It was agreed that there would be a sale of the former matrimonial home, and that Edward’s client would receive 95% of the net proceeds of sale. The Husband would pay the mortgage until Continue reading

Defending disproportionate claims by a wife

Edward acted for a Husband in matrimonial finance proceedings following a long marriage. The parties’ child was now in adulthood. Before Edward became involved, the Wife had defended the divorce and then made an application for maintenance pending suit, which had resulted in the Court making an order for interim periodical payments and a costs Continue reading

Articles by Edward Kenny

The 18th View from the President’s Chambers “The on-going process of reform – Financial Remedies Courts”

Last month, Sir James Munby published his 18th View from the President’s Chambers. “The on-going process of reform – Financial Remedies Courts” expands upon the 17th View (“divorce and money – where are we and where are we going?” [2017] Fam Law 607) and the “President’s Circular: Financial Remedies Courts” [2018] Fam Law 91. The Continue reading

Edward Kenny's Testimonials for Divorce & Matrimonial Finance

 

“Please pass on to Mr Kenny that he was amazing and so very good. He has changed my life – having done an excellent job – and life is now so much better. Thank you.”

Ms B Instructing Edward Kenny through Solicitors – March 18

“With regards to Mr Kenny, please pass my thanks on to him; in my opinion he handles himself well in front of the Judge.

I believe that the average person in the street believes that Solicitors/Barristers are the only winners and that they don’t really care about their Clients as it is just a job for them. Well i now know different, i know that you are both kind, caring, understanding and had my best interests at  heart and i THANK YOU for that.”

Mr B Instructing Edward Kenny through Solicitors – March 18

“The client advised that he was pleased overall with agreement reached at Court yesterday and asked that I convey to you his thanks.  He advised that he felt you were both utterly honest and sincere and had his best interests at heart.  He said his faith in lawyers had been restored.”

 

Ms S from Solicitors Instructing Edward Kenny – March 18

Children - Private Law (CAP)

Edward acts in private law proceedings concerning children, representing parents and family members in disputes over where the child should live and spend their time as well as disputes arising out of the exercise of parental responsibility, including removal within and out of the jurisdiction, the surname of the child and the child’s health and educational needs (specific issue and prohibited steps orders).

Edward frequently acts in cases involving issues of drug and alcohol use and domestic violence, and represents those seeking injunctive relief, whether by non-molestation or occupation orders, against their ex-partners and others. He also represents individuals who are subject to applications for non-molestation orders or occupation orders in respect of the family home.

Edward Kenny's Children - Private Law (CAP) Cases

Acting for a mother to reunite family

Edward acted for a mother whose eldest child was resident with the father .The mother had not  seen the child for two years following the parental separation. After a two-day hearing the court ordered shared care arrangements.

Acting for a father

Edward acted for a father in a case where his client had not seen his child for a protracted period. The mother had made allegations of domestic violence, drug and alcohol abuse. The court ordered that the father should be able to spend time with his child immediately and without the need for supervision.

Acting for a mother

Edward acted for a mother during three-day private law final hearing. The local authority was recommending unsupervised arrangements for the father. The mother was opposed to unsupervised arrangements without the father undertaking an anger-management programme. In spite of the local authority recommendation, the court held that father had to undertake such a programme before arrangements Continue reading

Edward Kenny's Testimonials for Children - Private Law (CAP)

“I want to let everyone know how absolutely pleased I was with Edward Kenny’s representation I am not one to give praise frequently or lightly so I’m hoping this is taken into consideration and that Mr Kenny receives the recognition he deserves.

Upon first meeting Mr Kenny, it was obvious that he took his time to review the mountain of case documents and that he understood my position and the finer points. His honesty, knowledge, and willingness to engage in just regular open conversation immediately made me feel comfortable for the first time in nearly 6 months. It was probably the first time I felt like someone had seen the big picture and actually wanted to fight for me. And for the first time, I felt like I wasn’t struggling alone. I wasn’t just ‘a client’. Mr Kenny was very kind, friendly, and approachable, and he really listened to what I had to say. We immediately established a rapport that seemed to just happen naturally.

In regards to the case, Mr Kenny’s attention to detail was nothing short of outstanding. This wasn’t just noticed by myself, but also by the Judge, who like I, thanked him for his ability to bring the matter to an end. Mr Kenny successfully negotiated with the  other party on my behalf.

In the end, Mr Kenny successfully concluded my never-ending case to my benefit, and astonishingly, he even managed to resolve other urgent related matters in the same process. I really could almost frame the final court order.

I couldn’t be more pleased with Edward Kenny’s representation and I can never truly thank him enough.”

 

Mr W Instructing Edward Kenny through Solicitors – April 18

Public Law Children

Edward acts in public law proceedings. In care proceedings, he has represented parents and extended family members in cases involving non-accidental injuries, chronic neglect and sexual abuse.

Many of his clients are parents who were themselves in care at some point in their lives, and who may have suffered abuse, or be in a position of extreme poverty. He is known for his objective and pragmatic approach and has experience in dealing with vulnerable clients, including clients with mental health difficulties or learning disabilities.

Edward understands that the process of dealing with care proceedings can be intensely daunting, particularly for vulnerable people. His approach stems from the knowledge that, with the right support, it is possible to give his clients the opportunity to overcome their considerable difficulties. He is experienced in, and committed to, supporting his clients in the Court process and in engaging them with, and defending them from, the local authority. He aims to help them achieve the best possible outcome for them and their children.

Edward Kenny's Public Law Children Cases

Defeating a Local Authority’s plan for adoption

Edward represented a first-time Father in care proceedings concerning a new-born baby. The mother of the child had a number of very serious convictions relating to her other children, and the baby had been placed in foster care at a few days old, before leaving hospital. The Father had profound learning difficulties, but sought to Continue reading

Special Guardianship Order for grandparents

Edward acted for the grandparents in an application for a Special Guardianship Order for their grandchildren. It was alleged that the mother had neglected the children and was unable to look after the child The mother contested, but the Court would grant the Special Guardianship Order in favour of the grandparents.

Acting for a Father in a complex fact-finding

Edward acted as junior counsel for a Father in a complex fact-finding in the High Court in care proceedings concerned with allegations of the abuse and exploitation of children and child prostitution. The Court would order that the Father’s child should return to live with him.  

Civil Partnership & Cohabitation Dispute

Edward represents co-habitants and co-owners in property disputes governed by the Trusts of Land and Appointment of Trustees Act 1996 (‘TOLATA’). Cases invariably concern the existence of an express or implied trust and subsequent issues arising out of contributions and equitable accounting.

Edward will advise and draft documents at any stage as well as representing parties during proceedings.

Typical examples of Edward’s cases in this area would be:

  • advising, drafting documents and providing representation in all aspects of cohabitation disputes
  • disputes over the division of the equity in the home (and any expenditure on the home) on separation of cohabitees (known as a TOLATA case)
  • financial and property disputes between those who have no other legal relationship.

Edward Kenny's Civil Partnership & Cohabitation Dispute Cases

Family Home and Investment Property

Edward acted for the claimant who sought an order for sale of the former family home and an investment property co-owned with his ex-partner. His ex-partner opposed the application; she sought to remain in the family home and retain the investment property. At the conclusion of the trial, the Court ordered a sale of both Continue reading

Family Home

Edward acted for the  defendant in proceedings brought by his ex-partner. His ex-partner sought an order for sale in respect of the former family home. Both parties were defendants in proceedings brought by a third party seeking a six-figure sum concerning loans made in relation to the property. Both cases were settled out of court Continue reading