Nigel Dyer QC

Call
1982
Silk
2006

"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."

Chambers and Partners 2019

Practice

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.

He is sought after by leading solicitors as being one of the foremost experts in financial remedy cases, particularly those which are complex and involve an international element.

In 2016 he represented the applicant and obtained an award of £453.5m, which is the largest reported divorce financial award made by an English court.

He is renowned as one of the Family Bar’s leading specialists in claims under Part III of the MFPA 1984 for financial provision after a foreign divorce, having successfully represented the wife in the landmark case of Agbaje (2010) before the Supreme Court. In 2013 he acted for the wife in M v M and obtained an award of c£54m, the largest reported Part III financial award made by the English court.

Nigel has one of the best reputations at the Family Bar for dealing with family cases that involve disputes about the ownership of assets, and which require the tracing of assets across various jurisdictions and through complex business and fiduciary structures. He has appeared in various quasi Chancery cases which has been determined in the family court.

Nigel receives instructions from overseas jurisdictions, and in 2011 he was called to the Bar of the British Virgin Islands. He has appeared in that jurisdiction in an application for freezing and disclosure orders against BVI nominee entities, as well as representing BVI companies against proprietary claims based on the applicable marriage law.

Nigel is also well known for acting as ‘the judge’ in private FDR hearings. Described by one leading silk as “..providing a Rolls-Royce service” he conducted 30 private FDR hearings in 2017 which, on an informal poll, resulted in a setlement rate of c90%.

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

  • Waggott v Waggott [2017]  - judgment awaited in 2018 from the Court of Appeal on the extent to which post separation income can be shared;.
  • Owens v Owens [2017] 4 WLR 74 ­– appeal against dismissal of divorce petition (further appeal to be heard in the Supreme Court in 2018).
  • 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)

 

He has regularly appeared as a Band 1 silk (and previously a junior) in the Matrimonial Finance, London, and category in Chambers & Partners Guides.

The latest Chambers & Partners Guide (2017) stated:

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

 

Earlier Chambers & Partners Guides

2016 - "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."

(2012 -2015) described him as 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”.

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.