CAROLINE HELY HUTCHINSON Barrister
Family, Divorce and Matrimonial Lawyer
Legal Advice and Efficient, Practical Help in Resolving
Matrimonial and Family Issues
BENEFITS OF PUBLIC
LITIGATION CERTIFICATION ALLOWS CAROLINE TO PERFORM THE ADDITIONAL TASKS ON BEHALF OF THE CLIENT
Allowing the Client the flexibility to decide, as matters progress, how much of the work he or she wishes to perform
Having worked as both a barrister and a solicitor my aim it to provide a service which combines the best of both while hoping to eliminate, as far as possible, the drawbacks of each.
There is the obvious benefit that, being able to act as both solicitor and barrister, removes duplication of effort. The second benefit is that the whole process is conducted by me with an eye to how I would wish to run my case if the matter, despite all efforts to compromise, did come to be litigated. The treatment of the case would not only be consistent, but avoids the possible awkward situation that can arise when a barrister is instructed by a solicitor with whose advice and conduct of the case he does not wholeheartedly agree. Unlike many barristers, I am not given the instructions at the last minute but have a consistent and in depth knowledge of the case and the client, ensuring effective presentation of the facts in court.
However, my approach to any instruction is to find an early and cost effective resolution which avoids litigation. This accords with the court’s emphasis on mediation and alternative dispute resolution, encouraging parties to find an out of court solution. First, I ascertain what the client is hoping to achieve and second enquire into the underlying facts and basis for such hope. The pursuit of a claim which has little chance of success is in no-one’s interest. Even a strong case must be qualified by the inherent risk of litigation and its financial and emotional cost. Although there are recognised starting points and principles in pursuing a family financial remedy, there is no precise formula for the likely court award, depending not least on the judge on the day and the unpredictability of evidence. Thus, the merits of a negotiated resolution, within that band of reasonable awards, cannot be underestimated. It allows parties to achieve a solution which suits them, rather than an awkward alternative imposed by a court. Agreement also increases the prospect of the compromise being honoured by both parties and their mutual co-operation.
The barrister’s training is concentrated on finding the answer to the problem. This focus is supported by my conduct of your litigation, pursuing issues with the other party and ensuring that the case is examined and aired as early as possible so that the issues are identified and addressed. If you think my approach might suit your family problem, please do not hesitate to telephone and have a free, introductory discussion to see if I can be of help.