Gwynfor Evans specialises in financial remedies (MCA 1973 and CA 1989 Sch 1), trusts of land (TLATA), proprietary estoppel, probate / inheritance disputes, and presumption of death claims.

Gwynfor’s background in IT (particularly database design and programming) enables him to present complex financial matters in a simple way using modern technology. He has a pedantic eye for detail, and an ability to present complicated arguments about e.g. pension sharing or the structuring of Schedule 1 / TLATA claims, in an orderly and simple fashion.

Gwynfor is down-to-earth and approachable with clients, whilst being precise, thorough and tenacious with opponents. Gwynfor has a knack for achieving excellent results whilst maintaining a good humour at trial, and for finding creative solutions, where appropriate, in negotiated outcomes.

Gwynfor sits as a Deputy District Judge within the family jurisdiction on the South Eastern Circuit

Key cases & testimonials

Jackson v Brady 2022 EWCA 1301

In February 2022, instructed on a pro-bono basis for the respondent by Advocate, Gwynfor won in the Court of Appeal in Jackson v Brady 2022 EWCA 1301. The appellant sought suspension of a committal order made in judgment summons proceedings following failure to pay child and spousal maintenance ordered in financial remedy proceedings. The appeal turned on the use of documents purported to have been produced under compulsion, and on the distinction between witness statements and other documents. Gwynfor obtained a costs order for several thousand pounds pursuant to s 194(3) Legal Services Act 2007 for the Access to Justice Foundation. https://caselaw.nationalarchives.gov.uk/ewca/civ/2022/1301

E v M (TLATA 1996) (County Court)
Gwynfor obtained a declaration of the parties’ respective beneficial interests in a property, an order for sale, several thousand pounds of occupation rent, an equitable account relating to mortgage payments and utility bills, equitable interest, and a fall-back provision for execution of the transfer form pursuant to s38(1)CCA 1984 / s39 Senior Courts Act 1981. Gwynfor also successfully obtained an order for 100% of the claimant’s legal costs

Jagwani v Alles [2019] EWHC 2887 (QB)
Protection from Harassment Act 1997 / Defamation / Interim Remedies
Gwynfor (instructed on the day of the hearing) represented the claimant at an interim hearing before Murray J. The Judge described Gwynfor’s case presentation as “clear, succinct and professional”.
https://www.bailii.org/ew/cases/EWHC/QB/2019/2887.html

H v W (MY and SY intervening). Instructed at the 11th hour to represent W at trial as to whether or not two interveners (IVs) had an equity by way of a proprietary estoppel relating to the former matrimonial home (FMH), and to respond to an application by H to strike out the IVs’ claims. Given unforeseen time pressures, Gwynfor successfully advocated for Early Neutral Evaluation, following which there was disposal of the intervener claims by consent. Gwynfor successfully steered the other parties away from a) the confusion of beneficial interests in TLATA 1996 with equities arising pursuant to proprietary estoppel; and b) the mixing-up of lump sums under MCA 1973 with (civil) judgment for a sum of money (as here).

In JF v NJS, Gwynfor successfully applied in TLATA 1996 proceedings for a stay and transfer to an outer London court in order to enable the conjoining of the TLATA claim with his client’s Schedule 1 application, which included an application for school fees.

Gwynfor has recently been instructed in a dispute between tenant farmers, which involved expert evidence as to valuations of farm assets and three farming businesses, including two limited companies, together with various interlocutory applications and an application for a freezing injunction.

Gwynfor is often sought to assist in preparation of, and representation at court on, applications for freezing injunctions, strike out applications and costs.

 

 

 

Gwyn is an absolute star. He is calm and pragmatic, with an excellent bedside manner. He is very persuasive when on his feet and commands the judge’s undivided attention. He is concise without compromising on quality.Legal 500 (2024, Tier 3)
Gwyn is details-orientated and able to distil complex information in a clear and concise way. A barrister who inspires confidence easily.Legal 500 (2023, Tier 4)

Areas of expertise

Gwynfor has a pedantic eye for detail, a wide-ranging grasp of the law, and an ability to rationalise complex arguments. He is praised by clients and peers for his strong client care skills and expertise in matrimonial finance, Schedule 1 and related property disputes with a family dimension – including intervener disputes, TLATA and Inheritance Act matters. Gwynfor is a highly effective advocate in technical interlocutory wrangles (including freezing injunctions), whether in the tricky jurisdictional enclaves of financial remedies such as Schedule 1, or in the interplay between civil and family proceedings where applications have been made in both jurisdictions. He is tech-savvy and prefers to work paperlessly.

In 2022, instructed by Advocate, Gwynfor won in the Court of Appeal in the financial remedies (enforcement) appeal Brady v Jackson [2022] EWCA Civ 1301 2019, also securing a substantial costs award (for charity).

In 2022 Gwynfor co-authored the book “Child Support” for CPAG and has been asked by Stephen Timms MP to provide a briefing on the use of ADR in the First-Tier Tribunal (Social Entitlement Chamber).

Gwynfor’s “bug-fixing” update to the new Form ES2 was published on the Financial Remedies Journal (FRJ) website in the Spring of 2022, and in the Autumn he contributed to the FRJ blog with his article “Zooming In: Video Evidence from Outside the Jurisdiction”. Gwynfor wrote “Schedule 1 remedies for the older child” for the second edition of the new FRJ.

In addition, throughout the year Gwynfor has lectured on
• Excel for Financial Remedies Practitioners;
• International Service and Enforcement of maintenance orders post-Brexit;
• Family procedure for civil practitioners; and
• The tricky interplay of Schedule 1 and TLATA
• Civil Procedure (in TLATA matters)
• Interveners in financial remedy proceedings
Gwynfor has continued to train students, bar students and New Practitioners at Gray’s Inn on ethics / equality and diversity, and he is a member of the pupillage committee at 36 Family.

Whilst he remains a go-to advocate for TLATA disputes, Gwynfor is sought after in financial remedy disputes that need “chapter and verse”, particularly those involving interveners, and his drafting skills are frequently called upon in the settling of correspondence, pleadings and interim applications.

Gwynfor deals with many cases with an international dimension, including where there is matrimonial property abroad, trust property abroad, or where parties have relocated to e.g Australia or South Africa and there are disputes relating to jurisdiction, maintenance or costs of living.

He has written about the procedural difficulties and requirements for the giving of video evidence from abroad, and he has lectured on the Hague 2007 convention and on international service and enforcement.

Further information

First class honours degree from Emmanuel College, Cambridge (MA (Cantab): Social and Political Sciences Tripos)

CPE / GDL from City University

Distinction in acting from Bristol Old Vic Theatre School

Certificate of Advanced Will-Writing (STEP) – Merit (2020)

Gwynfor co-founded the Gray’s Inn LGBTQIA+ Society in 2019, organizing each event since, including the successful Transgender Law event in November 2021.

Gwynfor chaired Gray’s Inn Barristers Committee throughout 2021 and in November 2021 he was elected Master of the Bench at Gray’s Inn.

Gwynfor regularly trains students, bar students and New Practitioners on Ethics and on Equality & Diversity.

A member of the FLBA and ChBA, in June 2021 he co-authored with Rhys Taylor the FLBA response regarding “Schedule 1” for the Women and Equalities Parliamentary Committee investigation into cohabitation.

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