Richard Harrison KC

Richard Harrison specialises in complex financial cases including those involving offshore trusts and difficult issues of enforcement. He has been involved in a number of high-profile cases including Aziz and Ecclestone v Stunt as well as several cases involving assets in excess of £1 billion.

He was previously involved in the Tchenguiz-Imerman litigation, Quan v Bray (‘the Chinese tiger case’) and Young. He appeared in the Mubarak litigation, which generated several reported authorities on different aspects of enforcement. He acted in Mohan, a leading Court of Appeal authority about judgment summons.

He specialises in cases involving jurisdictional issues including under Council Regulation (EC) No 2201/2003 (Brussels IIR) and Council Regulation (EC) No 4/2009 (the Maintenance Regulation).

He also deals with applications under the Trusts of Land and applications under schedule 1 of the Children Act 1989. He regularly advises about and settles pre-nuptial agreements on behalf of high profile or high net worth clients.

He is a co-author of 1KBW on Trusts in Matrimonial Finance Proceedings and 1KBW on International Child Abduction.

Cases of interest include:

• J v J [2020] (financial remedies application involving allegations of non-disclosure and offshore entities)
• R v R [2020] (financial remedies application involving disputed valuation of network of offshore companies and issues of post-separation accrual)
• XH v YW [2019] (ten-day case involving high profile individual and allegations of non- disclosure)
• Lachaux v Lachaux [2019] 2 FLR 712 (Court of Appeal authority about recognition of foreign divorce and jurisdiction)
• Vasilyeva v Shemyakin [2019] 2 FLR 948 (Authority about the test for leave in Part III proceedings)
• E v A [2019] (Financial Remedy proceedings involving contested divorce and anti-suit injunction)
• Mantegazza v Mantegazza [2018] 3 FCR 864 (Authority about jurisdiction in high net worth case involving Switzerland)
• Aziz v Aziz [2017] (litigation with issue about non-marriage and alleged assets in excess of £1bn)
• Ecclestone v Stunt [2017] (acting for Trustees in divorce and financial proceedings)
• B v C [2017] (international forum dispute involving Hemain injunction)
• G v S [2017] 2 FLR 1207 (Authority about correct approach in Schedule 1 proceedings involving millionaire’s defence)
• H v W [2017] (Financial proceedings concerning trusts and companies; alleged assets of
• £4 bn)
• R v R [2017] (Dispute about validity of foreign marriage)
• D v D [2016] (Enforcement of post-nuptial agreement in case involving assets in excess of
• £1 bn)
• X v X [2016] (Special contribution case involving revolutionary technology and substantial assets)
• Quan v Bray [2015] 2 FLR 546 (‘the Chinese Tiger case’) (Authority about charities and nuptial settlements)
• WW v HW (Prenuptial Agreement: Needs: Conduct) [2016] 2 FLR 299 (Authority about impact of prenuptial agreement)
• X Trust [2015] (Acting for trustees in litigation involving high profile entrepreneur and very substantial assets)
• Mohan v Mohan [2013] EWCA Civ 586 (enforcement of financial order by judgment summons)
• Tchenguiz-Imerman v Imerman [2014] 1 FLR 232 (Authority about common interest privilege)
• Tchenguiz-Imerman v Imerman [2014] 1 FLR 865 (Authority about joinder of third parties)
• Tchenguiz-Imerman v Imerman [2013] 2 FLR 939 (Authority about disclosure of trust documents)
• V v V (Financial Relief) [2010] 2 FLR 516
• Mubarak v Mubarak [2001] 1 FLR 673 (Court of Appeal authority about piercing the
• Mubarak v Mubarak [2001] 1 FLR 698 (Leading Court of Appeal authority about judgment summons)
• Mubarak v Mubarak [2003] 2 FLR 553 (oral examination)
• Mubarak v Mubarak [2004] 2 FLR 932 (Hadkinson orders)
• Mubarak v Mubarik [2007] 1 FLR 722 (Hadkinson orders)
• Mubarak v Mubarak [2007] 2 FLR 364 (variation of settlement and section 37 MCA)

Richard Harrison has been involved in most of the Supreme Court international child   abduction and enforcement cases of recent years including Re D [2016] UKSC 34, Re B  [2016] UKSC 4, Re J [2015] UKSC 70, Re L [2013] UKSC 75, Re A [2013] UKSC 60 and Re E [2011] UKSC 27. He also acted for the successful appellant in the House of Lords decision in Re D (A child) [2006] UKHL 51. He also specialises in cases involving international forum disputes under Council Regulation (EC) 2201/2003 and the Family Law Act 1986.

He regularly represents Reunite International and has also acted on behalf of the International Centre for Family Law Policy and Practice, whose patron is Baroness Hale of Richmond.

Cases of interest include:

• Uhd v McKay [2019] EWHC 1239 (Fam) (Authority about Art 13(b) in context of domestic abuse and 1996 Hague Convention)
• Re S (Abduction: Hague Convention or BIIA) [2018] 2 FLR 1405 (Court of Appeal authority about ability to seek return order in cases involving abduction from UK)
• Re B (Return of Children) [2018] 2 FLR 663 (Court of Appeal authority about grave risk defence under Art 13(b))
• Re F (Children: Setting Aside Return Orders) [2017] 1 FLR 1535 (Court of Appeal authority about jurisdiction to set aside final orders)
• L v L [2017] (International forum dispute involving arbitration agreement)
• Re D (Children: Child Abduction: Practice) [2017] 1 FLR 1125 (Authority about court’s ability to curtail proceedings)
• Re D (A Child) (Supreme Court: Jurisdiction) [2016] 2 FLR 379 (Leading Supreme Court authority on appellate jurisdiction in Brussels IIR recognition cases)
• Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] 1 FLR 561 (Leading Supreme Court authority on habitual residence and parens patriae jurisdiction)
• Re J (Jurisdiction: Abduction) [2016] 1 FLR 170 (Leading Supreme Court authority on 1996 Hague Convention)
• Re S (Habitual residence and Child’s Objection’s: Brazil) [2015] 2 FLR 1338 (Court of Appeal authority about discretion in child objections cases)
• Re L (A Child) [2014] 1 FLR 772 (Leading Supreme Court authority about habitual residence and the inherent jurisdiction)
• Re A (A Child) [2014] 1 FLR 111 (Leading Supreme Court authority about habitual residence and jurisdiction based on nationality)
• Re L (Brussels II Revised: Appeal) [2013] 1 FLR 430 (Leading Court of Appeal authority about Brussels II Revised enforcement)
• Re C (Abduction: Setting Aside Return Order: Remission) [2013] 1 FLR 413 (Court of Appeal authority about objections of child)
• Cambra v Jones [2013] EWHC 88 (Fam) (Authority about court’s powers of enforcement)
• DL v EL (Hague Abduction Convention – Effect of Reversal of Return Order on Appeal) [2013] EWHC 49 (Fam)
• Re E (Children) (Abduction: Custody Appeal) [2012] 1 AC 144 (landmark Supreme Court decision about the Hague Convention)
• Re W (Abduction: Child’s Objections) [2010] 2 FLR 1165 (leading Court of Appeal authority on child objections in abduction cases)
• Re S (Abduction: Habitual Residence) [2010] 1 FLR 1146 Court of Appeal authority about habitual residence)
• Re P-J (Abduction: Habitual Residence: Consent) [2009] FLR 105 (Leading Court of Appeal authority on consent in abduction cases)
• F v M and N (Abduction: Acquiescence: Settlement) [2008] 2 FLR 1270 (Authority about defences to abduction proceedings)
• Re S (Brussels II Revised: Enforcement of contact order) [2008] 2 FLR 1358 (Authority about public policy exception to recognition and enforcement of European orders)
• M v T (Abduction) [2009] 1 FLR 309 (Authority about abduction and consent)
• Re D (A Child) [2006] 3 WLR 989 (Leading House of Lords case about rights of custody)
• EC-L v DM (Child Abduction: Costs) [2005] 2 FLR 772 (Leading authority on costs in abduction cases)
• RE A (Abduction: Rights of Custody: Imprisonment) [2004] 1 FLR 1 (Authority about exercise of rights of custody)
• Re D (Stay of Children Act proceedings) [2003] 2 FLR 1159 (Authority about stays on forum grounds under FLR 1986)
• TB v JB (Abduction: Grave RIsk of Harm) [2001] 2 FLR 515 (Court of Appeal authority about grave risk defence)
• Re C (Abduction: Grave Risk of Physical or Psychological Harm) [1999] 2 FLR 478
• Re M and J (International Judicial Collaboration) [2000] 1 FLR 803

Richard Harrison KC has expertise in relation to a broad range of private law children issues including international relocation applications and disputes over Child Arrangement Orders. He specialises in cases involving complex issues of jurisdiction and the enforcement of foreign orders under Brussels II Revised and/or the 1996 Hague Convention. He appeared in the House of Lords in Dawson v Wearmouth [1999] 2 AC 308, the leading authority on change of surname and has been involved in numerous jurisdictional disputes.

He has recently been involved in Lachaux, the leading Court of Appeal authority on the jurisdiction to make orders under the Children Act ‘in connection with’ matrimonial proceedings.

Cases of interest include

• Lachaux v Lachaux [2019] 2 FLR 712 (Court of Appeal authority about jurisdiction to make Children Act orders in connection with matrimonial proceedings)
• Re T [2019] (Contested relocation proceedings and application for costs on the basis of misconduct)
• L v L [2017] (International forum dispute involving arbitration agreement)
• M v W [2017] (successfully resisted relocation application overturning ISW recommendation)
• Re D (A Child) (Supreme Court: Jurisdiction) [2016] 2 FLR 379 (Leading Supreme Court authority on appellate jurisdiction in Brussels IIR recognition cases)
• Re B (A Child) (Habitual Residence: Inherent Jurisdiction) [2016] 1 FLR 561 (Leading Supreme Court authority on habitual residence and parens patriae jurisdiction)
• Re J (Jurisdiction: Abduction) [2016] 1 FLR 170 (Leading Supreme Court authority on 1996 Hague Convention)
• Re L (A Child) [2014] 1 FLR 772 (Leading Supreme Court authority about habitual residence and the inherent jurisdiction)
• Re L (Brussels II Revised: Appeal) [2013] 1 FLR 430 (Leading Court of Appeal authority about Brussels II Revised enforcement)
• AVM v RM (Children: Judge’s Visit to Private Home) [2013] 2 FLR 150 (Authority about propriety of Judge undertaking investigations in party’s home)
• AV v RM (Appeal) [2012] 2 FLR 709 (Fam) (test for permission to appeal)
• Re S (Brussels II Revised: Enforcement of contact order) [2008] 2 FLR 1358 (Authority about public policy exception to recognition and enforcement of European orders)
• Re D (Stay of Children Act proceedings) [2003] 2 FLR 1159 (Authority about stays on forum grounds under FLR 1986)
• Re X and Y (Leave to Remove from Jurisdiction: No Order Principle) [2001] 2 FLR 118
• Dawson v Wearmouth [1999] 2 AC 308 (Leading House of Lords authority on applications for change of surname)

Richard Harrison KC has been appointed as a Deputy High Court Judge assigned to the Family Division of the High Court. He is also a trained collaborative lawyer. He is instructed by leading firms to undertake Private FDRs in financial remedy cases.