PETER ROTHERY
BA (Oxon) Call 1994 Lincoln’s Inn
Email: rothery@deanscourt.co.uk
Clerk: lmccarty@deanscourt.co.uk
Areas of Practice
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Cohabitation disputes; ToLATA; Inheritance Act
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Property
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Trusts, Wills and Probate
Court of Protection and Community Care Law
What the directories say
'strong financial practice.'
- Legal 500, 2010
'has established a niche in trusts of land and 'has very good judgement'.'
- Legal 500, 2009
Education
Inns of Court School of Law
University College, Oxford (BA Jurisprudence - first class)
Greenhead College, Huddersfield
King James’ School, Almondbury
Profile
Peter had a general common law pupillage with Timothy Ryder at 5 John Dalton Street Chambers in Manchester and thereafter practised in both civil and family work. In 2002 he moved to Deans Court Chambers to further his commitment to a career in family law and has built up a substantial and busy practice.
In the field of ancillary relief Peter is particularly in demand for cases involving third party disputes over the ownership of property and trusts. He is experienced in cases of significant family wealth, and in issues of enforcement. Peter also undertakes work under schedule 1 to the Children Act 1989 (financial provision for children).
Peter has a particular interest in quasi family/chancery property disputes where his background in civil work stands him in good stead. He is regularly asked to advise in cohabitee disputes with significant assets and his ability in Trusts of Land and Appointment of Trustees Act 1996 work has been recognised by the Legal 500. Peter is also regularly instructed in Inheritance (Provision for Family and Dependants) Act 1975 cases and undertakes some contentious probate work.
Peter is highly regarded as a practitioner in public law children work. He acts frequently for Local Authorities and has considerable experience of acting on behalf of children and parents. He has particular experience of cases involving serious non accidental injury and complex medical evidence, appearing regularly in the high court, sometimes unled against leaders.
The growing jurisdiction of the Court of Protection and the development of the law relating to vulnerable adults and young people is also of interest to Peter. He has experience dealing with issues of mental capacity as they arise in public law cases and accepts instructions in the Court of Protection in both welfare and financial cases.
Peter’s rigorous intellect, clarity of thought and calm, sensitive demeanour contribute to a persuasive style which is put to good effect both in and out of court.
Notable cases
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Counsel for wife in an ancillary relief claim joined to a £1M+ high court action for recovery of money (involving constructive trusts, tracing and equitable accounting) which husband had defrauded from his employer.
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Successfully resisted the intervention by H’s family in ancillary relief claim where considerable family wealth (Sunday Times Rich list). Claim involved constructive & resulting trusts and equitable mortgages.
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Counsel for children in a complex multi-handed Inheritance Act claim/ challenge to will/ Barder appeal where the father died unexpectedly leaving substantial pot of damages for catastrophic injury.
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Represented children in high court care proceedings where mother had had conviction for manslaughter in respect of a child in her care.
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Instructed by local authority in case where mother was convicted of manslaughter of father in circumstances where the child was present.
Professional Associations
Northern Circuit
Family Law Bar Association
Association of Lawyers for Children