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Catriona Maclaren is a family practitioner specialising in the financial consequences of relationship breakdown. The majority of her work involves financial remedies on divorce, but she has considerable experience of TLATA (Trusts of Land and Appointment of Trustees Act 1996) claims and Schedule 1, Children Act 1989 claims — the route by which unmarried parents can seek financial provision for a child.
In addition to her finance work, she is often instructed in private law children disputes — a natural complement to her Schedule 1 practice, since both frequently arise from separating families with a child at the centre of the dispute.
Alongside these main areas, she has provided advice and representation in the Court of Protection, and in relation to disputes under the Inheritance (Provision for Family and Dependants) Act 1975 — two further, more specialist strands that extend her practice beyond conventional family finance work.
Across all of her work, Catriona’s focus is her clients’ priorities. Her objective is to secure the best possible result with the minimum expense, delay and distress. Where litigation or contested hearings are necessary, they are pursued with vigour — but she remains consistently conscious of the financial and other benefits of negotiation and alternatives to court.
Key cases & testimonials
Financial remedies for an individual lacking capacity and potentially entitled to a significant personal injury award.
Linked Court of Protection litigation.
LSPO and MPS applications covering living expenses and litigation costs both in the UK and overseas.
Jurisdiction issues relating to variation of schedule 1 orders following a change of circumstances.
Long-running financial remedy proceedings involving overseas trusts and allegations of non-disclosure.
Areas of expertise
Catriona has extensive experience of financial remedies, Schedule 1 Children Act 1989 and Trusts of Land Act 1996 claims. In addition, she has represented clients in the Court of Protection and in relation to the Inheritance (Provision for Family and Dependents) Act 1975 and undertaken a range of linked applications involving disputed expert evidence, injunctive relief, litigation funding, third party disclosure, jurisdictional issues and the resolution of interveners’ interests.
Relationship breakdown will often involve disputes about children as well as finances. Catriona believes there is value in having the same counsel involved in both: clients need not explain the history repeatedly; and points arising in one set of proceedings can be relevant in the other. She has advised and represented parents and other family members in proceedings up to Court of Appeal level.
Catriona is always alive to the potential to resolve disputes other than through litigation. She has advised and represented clients in respect of round table meetings, private FDRs, mediation and arbitration.
Many of Catriona’s cases involve an international element whether in terms of the location of assets, the correct forum for litigation or individuals’ plans to emigrate with children.