Edward Kenny

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

Edward also has a broad civil practice and regularly appears in fast-track and multi-track trials. His civil practice includes housing law and cash and asset forfeiture proceedings. Read more →

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

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 regularly acts for clients who were not married to their ex-partners and are in dispute about their home.

Edward has considerable experience in dealing with cases involving children, including, in private law proceedings, removal from the jurisdiction, domestic violence and intractable hostility and, in public law proceedings, non-accidental injuries, chronic neglect and physical 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 to people unfamiliar with the legal process. 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 often acts in cases which involve issues of domestic violence, and frequently represents applicants and respondents in applications for non-molestation and occupation orders.

Edward also has a broad civil practice and regularly appears in fast-track and multi-track trials. His civil practice includes housing law and cash and asset forfeiture proceedings.

Recently Reported Cases: Medway Council v JL & Ors [2017] EWFC 5 and Kent County Council v B, W & S (Combined Judgment: Delay: Refusal to Split Siblings) [2017] EWFC B5

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)

“…She is really happy about how the hearing went…She also said that you were a “wonderful Barrister”, very calm (and calming) and she was very happy with all you did at Court and for all of your support!…Thank you again for all of your help with this (and I am passing on the client’s grateful thanks as well!)…”

Mrs S from a firm of Solicitors instructing Ed Kenny – August 16

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.

He is known for his objective and pragmatic approach and has experience in dealing with vulnerable clients with mental health difficulties or learning disabilities

 

 

 

Edward Kenny's Public Law Children Cases

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.  

Care proceedings involving non-accidental injuries

Edward represented a mother during fact-finding hearing in care proceedings where a five-month old child was found to have multiple rib fractures, multiple arm fractures, a leg fracture and bruising. All fractures were found to be non-accidental injuries which had been inflicted on more than one occasion. It was the view of the local authority, Continue reading

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 marital assets and a clean break for a husband

Edward acted for a husband at final hearing. The wife contended that there had been agreement at separation and husband had already received 50% of the capital at the time of separation. It was held that husband was further entitled to half of the remaining capital at the time of trial and a clean break.

Articles by Edward Kenny

Edward Kenny's Testimonials for Divorce & Matrimonial Finance

“…I would like to express how very impressed I was by Mr Edward Kenny…I found him to be both thoughtful and very calm and collected in his speech…The day I was dreading was made a whole lot more manageable by the skill and professionalism demonstrated by Mr Kenny…In fact I was blown away by his sterling performance…”

Mrs C instructing Edward Kenny through Solicitors – May 2016

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

Condemnation & Cash Forfeiture

Edward is regularly instructed by the Home Office and HMRC and NCA and appears in Magistrates Courts and Crown Courts in cash and asset forfeiture proceedings and/or condemnation cases involving excise goods (tobacco and/or alcohol), often arising from interceptions at Dover or the Channel Tunnel. He also represents individuals and parties in cash and asset forfeiture proceedings brought by the government.

He also appears in confiscation hearings arising from Proceeds of Crime Act (POCA) Orders made following conviction.

 

Edward Kenny's Condemnation & Cash Forfeiture Cases

Cash seizure relating to money laundering

Edward acted for defendants in a case involving a large sum of cash seized upon importation from Eastern Europe. HMRC alleged that the cash was recoverable property and intended for use in unlawful conduct. It was held that the cash was neither unlawful in origin nor in intended use. Forfeiture was refused and the cash Continue reading

Edward Kenny's Testimonials for Condemnation & Cash Forfeiture

“Thanks very much for the update. That’s a great result – we can hopefully put all this to bed now. I was really impressed with how you handled the concerns in conference last week by the way. Thanks very much for your help with this case.”

Ms E from Solicitors instructing Edward Kenny – January 17