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 is 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.

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.

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

Articles by Edward Kenny

Financial Remedy: Pension Pitfalls: T V T [2021] EWFC B67 Considered

Any reported case of His Honour Judge Hess addressing pensions and their pitfalls is required reading for matrimonial finance lawyers and T v T (variation of a pension sharing order and underfunded schemes) [2021] EWFC B67 (10 November 2021), although of narrower application than W v H (divorce financial remedies) [2020] EWFC B10), is no exception. Continue reading

Waiving Privilege: Legal Professional Privilege and AG v VD [2020] EWHC 1847 (Fam).

To feel able to speak freely with your lawyer is a fundamental principle which is integral to the proper working of any justice system. A sine qua non. At common law, this principle takes the form of legal professional privilege. Legal professional privilege affords the client the legal right to withhold lawyer and client communications, Continue reading

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019)

Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds Continue reading

Edward Kenny's Testimonials for Divorce & Matrimonial Finance

From the client:-

I can’t speak highly enough of Ed Kenny. He really had studied all the paperwork in detail and he brought all the points together to undermine the other parties case. He put together a set of notes for the judge that was so clear and comprehensive – the judge clearly took these onboard in his summing up.

Thanks for making such a great choice of barrister

Solicitors instructing Edward Kenny in a Financial Matter – March 2022

“Looks to be an excellent result and the certainly the best that could have been achieved today……”

Mr D from Solicitors Instructing Edward Kenny – October 21

Ed was fantastic. I cannot praise him enough. He was very professional and had a great sense of humour

Mrs W from Solicitors Instructing Edward Kenny – June 2021

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

Articles by Edward Kenny

A timely reminder: the principles of Maintenance Pending Suit and the decision of the Court of Appeal in Rattan v Kuwad [2021] EWCA Civ 1

In Rattan v Kuwad [2021] EWCA Civ 1, the Court of Appeal considered “an important point of principle as to the approach which the court should take to the determination of an application for maintenance pending suit.”[1] Moylan LJ, giving lead judgment (Macur LJ and Asplin LJ agreeing),  allowed the Wife’s appeal and determined that Continue reading

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

Thank you again for your support within the hearing today, I am very grateful for your professionalism and it has been refreshing to be heard and for someone to be able to fight for me, instead of having to fight for the children myself- with no legal background, expertise, or knowledge at all!

Client instructing Edward Kenny through Solicitors in Children Proceedings – June 2022

I have to say that you did a fantastic job in relation to the matter and I really am most grateful.

Solicitors Instructing Edward Kenny on a Private Law Children’s Case – November 2021

Ed was fantastic and worth every penny, he didn’t budge and got our points across like a ‘smiling assassin’, he really earned his money but best of all he understood our position and got the best result for us without ruffling any feathers, what a professional

 

Ms S Instructing Edward Kenny through Solicitors – October 2021

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