Melanie McIntosh

Melanie has a wide-ranging practice specialising predominantly in Family, Property (including Rating and Planning), Local Government and general Civil Work. She also represents and advises clients in Probate and Inheritance cases. The breadth of her work makes Melanie a particularly versatile Barrister and she has acted in numerous landmark/reported cases, many of which are test cases for particular points of law.

Melanie has extensive experience of dealing with expert evidence and also advises on complex property and regulatory matters. In her Rating and Planning cases she specialises in multi-faceted cases involving commercial property and she is known for her efficient, focused approach as well as for the strength of her advocacy.

Her matrimonial work encompasses complex financial remedy cases involving multiple issues such as trusts, overseas assets, pensions, freezing of assets, private and company assets and inheritance as well as less complex cases.

In her Family work she has particular expertise in dealing with private and public contested care cases and those involving mental health issues.

Melanie’s general Civil case load encompasses advice and appearances in respect of multi-track, fast-track and small claims cases relating to contract law, tort (including personal injury) and property and civil cases in the High Court, County Court or Magistrates Court (confiscation and condemnation proceedings).

Melanie is particularly adept at dealing with sensitive cases requiring high-level negotiations and well-honed advocacy skills and her pragmatic approach and ability to identify and focus on the relevant issues are highly valued by her clients.

Melanie has been accredited to accept instructions directly from members of the public under the Direct Public Access Scheme. Melanie also accepts instructions under the Licensed Access Scheme.

Divorce & Matrimonial Finance

Melanie’s financial remedy work encompasses complex high value claims (with multiple issues such as trusts, overseas assets, pensions, freezing of assets, private and company assets and inheritance) to more modest claims.

Melanie has particular interest in cases where examination and assimilation of complex expert evidence is required – and the fusion of her skills in Family Law with Property issues including Planning and Rating matters is often valuable in complex divorce and matrimonial finance cases where substantial business or private property portfolios or other assets are involved.

Melanie McIntosh's Divorce & Matrimonial Finance Cases

Opposing an urgent Maintenance Pending Suite

Melanie acted for the Respondent in an urgent Maintenance Pending Suite application involving complex issues of international law, issues of jurisdiction, substantial property and financial assets. The Application was opposed by the Respondent who was seeking for the application to be dismissed. Melanie successfully persuaded the Court declined to grant the application and dismissed the Continue reading

Dismissing a Maintenance Pending Suite application

Melanie acted for the Respondent in an urgent Maintenance Pending Suite application involving complex issues of international law, issues of jurisdiction, and substantial property and financial assets. The Application was opposed by the Respondent who was seeking for it to be dismissed. The Court declined to grant the application and dismissed the application with costs Continue reading

Articles by Melanie McIntosh

Financial Remedy: Pension Overview, Off-Setting and Duxbury Re-Visited

The purpose of this article is to provide an overview of the Court’s approach to pensions in financial remedy proceedings generally and revisit specific issues such as pension off-setting and Duxbury calculations raised in my previous article published in July 2016 under the title, “Financial Remedy: Pension Values and Offsetting – Quo Vadimus”. PENSION OVERVIEW Continue reading

Melanie McIntosh's Testimonials for Divorce & Matrimonial Finance

“I have been very pleased with the service both from yourself and the clerks generally, and from Ms McIntosh, you have all been extremely helpful and approachable. I know my client is also very grateful to Ms McIntosh for her work.”

Miss G from solicitors instructing Melanie McIntosh – April 19

“…Could I just add at this point that I am very grateful for all your help and assistance over the year and would recommend the services of Becket Chambers to anyone who may need to use such services in the future…”

Miss W instructing Melanie McIntosh through the DPA scheme – May 16

Children - Private Law (CAP)

Melanie’s private family practice involves work relating to Child Arrangement Orders (including sensitive issues such as mental health, domestic abuse, parental alienation, drug and alcohol abuse and specific issues such as education and overseas location), non-molestation orders, injunctions and occupation orders.

She is regularly instructed by both Applicants and Respondents.

Melanie has a particular interest/experience in cases involving complex expert evidence.

Melanie McIntosh's Children - Private Law (CAP) Cases

Contested non-molestation hearing

Melanie represented the Respondent in a final contested non-molestation hearing under Part 1V of the Family Act 1996 (“the Act”).  She raised the preliminary issue whether the parties were associated persons in terms of the Act. The Court found for Melanie’s client on the preliminary issue, and dismissed the Applicant’s application with costs.

Protecting a child where a new name is needed

Melanie acted for the Applicant in a case involving four applications. Her client sought a Child Arrangements Order with neither direct nor indirect contact with the Respondent, to change the child’s name and surname, to remove the Respondent’s parental responsibility, and a Prohibited Steps Order. Following Melanie’s representation, the Court awarded all the applications, determining Continue reading

Mental health issues in care arrangements

Melanie acted for the Respondent in a two-day contested final Care Arrangement hearing which included mental health issues and an additional specific issue involving expert medical evidence. The case involved Melanie’s expertise in: condensing expert medical evidence and succinctly presenting it to the court dealing with vulnerable witnesses. The Court found in favour of Melanie’s Continue reading

Melanie McIntosh's Testimonials for Children - Private Law (CAP)

“…We would like to say thank you very much for providing us with Melanie McIintosh and for all of your work on the case…Melanie managed to get it shut down today which is a brilliant result…she was fantastic!…”

Mr C instructing Melanie McIntosh through Solicitors – August 16

Planning & Rating

Melanie’s Rating work covers all aspects of non-domestic Rating and refers to advice and appearances before Valuation Tribunals and the Upper Tribunal (Lands Chamber). Such cases, where she is usually instructed under the Licensed Access scheme, often involve complex issues involving lengthy negotiations and Melanie is valued for her pragmatic and efficient approach, as well as the strength of her advocacy.

Melanie’s Rating work is highly specialised and predominantly covers ‘test’ cases relating to issues of national importance.

Melanie’s Planning work encompasses advisory work, appearing in planning inquiries and tribunals and mainly representing Local Authorities in enforcement proceedings and prosecutions where planning permission is breached.

Such work relates in particular to issues relating to Green Belt, Special Landscape, Conservation Areas and Areas of Outstanding Natural Beauty, Urban and Town Centres, Inappropriate Use, Highways, Compulsory Purchase and inappropriate agricultural diversification, Caravans and Mobile Homes.

Melanie McIntosh's Planning & Rating Cases

Complex planning issue involving a mobile home

Melanie acted for the Respondents in a case involving purchase of a permanently sited ‘mobile’ home on a site in a Conservation Area. Although purchased from a reputable developer, the site became the subject of an enforcement notice by the local authority, relating to lack of correct planning permission. Melanie successfully negotiated a favourable outcome Continue reading

Preventing inappropriate development in a residential area

Melanie acted for a Residents’ Association in an appeal against planning permission for a substantial non-domestic development in a residential area. The focus of her clients’ objection was: change of use inappropriate development in a residential area increased traffic and related parking issues in a residential area Melanie’s representation on behalf of her clients was Continue reading

Property & Land Law

Melanie’s property work covers easements, boundary disputes, title deeds, issues of covenants, adverse possession, other real property rights and Landlord and Tenant (both in the public and private sector).

She particularly relishes the challenges presented by complex issues in this area and has a reputation for her tenacity in forensically examining, analysing and presenting the detailed information such cases involve. Melanie takes pride in her ability to unravel and successfully conclude cases which may have previously foundered.

Melanie McIntosh's Property & Land Law Cases

Successful negotiation avoiding protracted proceedings

Melanie advised the Claimant and assisted with successful negotiation of a complex property option agreement involving registered and unregistered title and potential issues under the Limitation Act. The successful settlement of this case particularly highlights the value of Melanie’s negotiation skills in avoiding the delays and potential costs associated with protracted proceedings.

Lifting an obsolete restrictive covenant

In this long-running case, Melanie acted for the Appellant in a contested hearing involving the application for the lifting of a restrictive covenant, preventing her client from converting part of their property. Objections to the development had been raised by other residents. Melanie successfully persuaded the Tribunal that the covenant was obsolete, the Appellant’s application Continue reading

Melanie McIntosh's Testimonials for Property & Land Law

“….a prompt, courteous service from the Clerks and Miss McIntosh throughout. The Clerks were well mannered, presentable and knowledgeable as was Miss McIntosh….the location of Becket Chambers’ office was very convenient with good modern office facilities….”

Mrs S instructing Melanie McIntosh through the DPA scheme – February 2014

Probate & Inheritance

Mental Health Act cases relate to appearances on behalf of Applicants, Respondents or third parties and include work involving the Official Solicitor and representation at Mental Health Tribunals. Probate and Inheritance work involves advising on and appearances in respect of contested probate issues in the High Court and the County Court.

Melanie’s experience encompasses complex cases involving principles of international law.

Melanie McIntosh's Probate & Inheritance Cases

Mental Health Act

Melanie successfully acted on behalf of the Appellant, which involved extensive expert evidence and cross examination of the experts whereby the Appellant’s detention under the Mental Health Act was set aside.