Philip McGuirk

Telephone: 020 7465 4300

Fax: 020 7465 4329

Address: 10 New Square Lincoln's Inn London WC2A 3QG

Prior to joining Payne Hicks Beach in 2000 Philip practiced as a partner with James & Sarch of Gray's Inn where he qualified and where his practice was principally family law and general litigation.

While at James & Sarch Philip acted for the Claimant in what was to become known as the Noga litigation culminating in the first instance judgment: Compagnie Noga d'Importation et d'Exportation -v- Abacha (No. 1) (Reserved Judgment) [2001] WL 542308 (Freezing Order for US$800 million and a dispute over a settlement for US$100 million)

Since 2000 Philip's practice has been exclusively family law. On the contentious side Philip is regularly instructed in complex multi-jurisdictional disputes involving high net worth individuals in relation to which he has considerable experience. More often than not his cases will have an international dimension. Philip also deals with private children work.

On the non-contentious side, Philip advises in relation to pre and post nuptial agreements, cohabitation contracts and, in conjunction with the firm's tax and trust department, asset protection.

Cases of interest include:

  • H -v- S (Recognition of Overseas Divorce) [2011] EWHC B23 (Fam) (recognition under s.46(1) FLA 1986 of a Saudi Arabian divorce (talaq) for the purposes of English divorce and connected proceedings).

  • V -v- V (Prenuptial Agreement) [2011] EWHC 3230 (Fam) (treatment of pre-nuptial agreement in the Court's discretionary exercise post Granatino; notably, Charles J.'s view that Granatino "effectively adds another rationale or principled approach to the reasoning to be applied in the judgmental or balancing exercise demanded by the statutory test, namely that weight should be given to autonomy").

  • B -v- B (Ancillary Relief) [2010] 2 FLR 887 (Jersey trust case : principal question, the extent, if at all, assets held in Jersey Trust - in two sub funds - "financial resources" within the meaning of s 25 of the Act).

  • Judge -v- Judge [2009] 1 FLR 1287 CA (Mistake / (alleged) non-disclosure case. Potential liability estimated and left with H (range, nil to £14.5 million) Crystallised liability much smaller. Whether W could set aside Order on basis of mistake / non-disclosure).

  • Corbett -v- Corbett [2003] 2 FLR 385 CA (Enforcement / Judgment Summons).

  • Attar -v- Attar (No's 1 & 2) [1985] FD 649 & 653 (short marriage case : 6 months marriage / 6 weeks cohabitation; H Saudi Arabian multi millionaire; enormous disparity in wealth; computation of rehabilitative lump sum).

Qualified 1985, joined Payne Hicks Beach 2000, partner 2000.