Nigel Dyer QC

Call
1982
Silk
2006

Star Individual - Chambers and Partners, 2022 “An expert in multi-jurisdictional divorce who has led landmark cases in the area. He has particular interest in cases with complex asset tracing and business structures. Dyer is …..renowned for his experience as a private FDR judge.” Leading Silk - The Legal 500, 2022

Chambers and Partners 2022 and Legal 500 2022

Practice

Nigel retired as an advocate in January 2022 after forty years in practice at the Bar and he now works exclusively as a judge or evaluator in private Financial Dispute Resolution hearings (FDRs).

In October 2017 The Legal 500 described Nigel as “probably the leading London family silk”, and in November 2017 Nigel won the Chambers & Partners’ ‘Family Silk of the Year’ award. In 2018 he won the LexisNexis Family Law Silk of the Year award.

As a practising barrister he appeared in a number of leading family law cases: in the Supreme Court (Agbaje, Owens and Scatliffe in the Privy Council); in the Court of Appeal (Lambert, Richardson and Waggott); at first instance (Akhmedova, the largest reported financial award made post divorce by an English court, and Al Maktoum, the largest reported award made in a Part III and Schedule 1 claim).

He has been conducting private FDRs since 2016 and to date has evaluated over 200 cases. He was described as the “go-to choice as a private FDR judge” in Chambers and Partners Directory 2019, and described by one leading silk as “..providing a Rolls-Royce service”

The settlement rate of the cases he has evaluated during this period has been consistently high; on an informal poll c. 85% - 90% of the claims settle on the day of the hearing or shortly thereafter.

The cases he evaluates range across a broad spectrum of financial claims: financial remedy claims post divorce, as well as Part III and Schedule 1 claims, and applications under the Inheritance (Provision for Family and Dependants) Act 1975. The asset classes are varied; they include: land in the UK and abroad, company interests and business assets, farming operations, interests held in on-shore and off-shore trusts and wealth held in deferred remuneration and private equity arrangements.

Financial remedy claims, often involving disputes about jurisdiction and assets held in offshore structures.

Waggott v Waggott [2019] 2 WLR 297, CA  - sharing of post separation income and clean break financial awards.

Owens v Owens [2018] AC 899 – the Supreme Court dismissed an appeal against the dismissal of a divorce petition.

R v B & Ors [2017] EWFC 33 – the effect on the award of a party’s conduct during and after marriage (long running fraud committed on family company).

Z v Z (Legal Professional Privilege: Fraud Exception) [2017] 4 WLR 84 – circumstances in which the privilege is lost through iniquity.

AAZ v BBZ [2016] EWHC 3234 (Fam) - largest reported financial remedy award (£453.5m) made by an English court.

WS v WS [2015] EWHC 3941 (Fam) – approach to adopt to equalising pension assets when pension sharing not available.

S v S [2014] EWHC 23, [2014] EWHC 4054 (Fam) – long-running dispute about whether shares in a family company were held on a constructive trust.

SC v YD [2014] EWHC 2446 (Fam) - whether offers made in the course of a relationship breakdown could be considered to be made without prejudice.

CR v MZ [2014] 1 FLR 22 – dispute about ownership of matrimonial home held by off-shore company and use of sham documents.

M v M [2014] 1 FLR 439 – largest financial remedy award ever made following contested proceedings; dispute about husband’s ownership of companies.

AC v DC [2013] 2 FLR 1483 – fiscal effect of an avoidance of disposition order on share transactions.

  • Co-editor of ‘Rayden and Jackson on Divorce and Family Matters’ [18th edition]
  • Co-author ‘The Detection and Preservation of Assets in Financial Remedy Claims’, (2014).
  • Member of the Family Law Bar Association.
  • Member of the Money & Property Working Group of the Family Justice Council.

Durham University (Law and Politics)

In the Divorce and Matrimonial Finance category he has regularly appeared as a Band 1 silk (and previously a junior) in Chambers & Partners Guides, and in the Tier 1 band in The Legal 500.

Chambers and Partners

"Incredibly supportive of his clients and thorough in his preparation at all times." "He has a compassionate, empathetic bedside manner and is compelling on his feet."

"Nigel is exceptional in every respect. He has wisdom and fine judgement, and knows how to run a case with steel, but without unnecessary aggression. He is also the go-to choice as a private FDR judge – if he can't settle your case, no one can."

“Nigel is exceptional in every respect. He has wisdom and fine judgement, and knows how to run a case with steel, but without unnecessary aggression. He is also the go-to choice as a private FDR judge – if he can't settle your case, no one can."

“He is absolutely brilliant and so clever. He’s incredibly subtle, very low-key and understated but brilliant.”

"Highly regarded by his peers as a consummate performer. ..Sources highlight his sound preparation of his cases and his pleasing courtroom manner. He is one of the best silks to work with. Always perfectly prepared, he reads everything and absorbs all the detail. He has terrific judgement and a lovely bedside manner. He can equally cope with captains of industry and people who are completely unused to the legal process."

A leading silk who is: “excellent with clients” ..“very calm and unflappable” ….“could defuse a bomb with his negotiation skills” and “he gives you complete confidence that you will get a first rate performance”… he is “..always well prepared and highly persuasive in his arguments”….and “a very good cross-examiner”.

Legal 500

"He is an excellent advocate: polished, calm, measured, and always has the ear of the judge."

Nigel is married with two children. Away from the Bar he is a green-fingered gardener, enthusiastic runner and tennis player. Nigel also enjoys the theatre, music and opera.