Payne Hicks Beach

Payne Hicks Beach

Joshua Moger Joshua Moger

Joshua Moger

“Joshua Moger instantly instils confidence when you first meet him. His natural calm, his wisdom and astute knowledge of human nature make him a most precious guide and ally. He will always look out for what is best for you from a legal as well as from a human point of view.”

Client

A specialist in both contentious and non-contentious family law, Joshua is described by clients as a lawyer “accomplished beyond his years”, who “delivers wholeheartedly to the cause”, and whose “natural calm, wisdom and astute knowledge of human nature make him a most precious guide and ally”. Joshua was recently shortlisted for Young Family Lawyer of the Year at the 2020 Family Law Awards.

Joshua primarily works with Baroness Shackleton, Ben Parry-Smith and/or Nicholas Manners and specialises in:

  • Complex divorce proceedings, financial remedies arising from divorce and claims for financial provision for unmarried parents or cohabitees (whether under Schedule 1 of the Children Act 1989 or the Trustees of Land and Appointment of Trustees Act 1996).
  • Pre-Nuptial, Mid-Nuptial and Post-Nuptial Agreements.
  • Private Children Law matters, including Child Arrangements Orders (with whom the child is to live or spend time with, formerly ‘residence’ and ‘contact’ Orders), internal or international relocation (‘leave to remove’) and child abduction.
  • Personal protective orders, including obtaining (or setting aside) Non-Molestation Orders and Occupation Orders, and financial protective orders, including Freezing Injunctions.

Joshua usually acts for high net worth and ultra-high net worth individuals in cases which often involve an international element or other complexity such as trust structures, offshore assets or dynastic estate planning (UK or abroad).

Reported cases of interest include:

  • Versteegh v Versteegh [2018] EWCA Civ 1050 High Court and The Court of Appeal

The case established/clarified principles relating to pre-nuptial agreements, pre-marital wealth (in particular its impact on the otherwise equal sharing of assets), valuation evidence (especially privately owned companies), extraction of liquidity from privately owned companies, ‘Wells Sharing’ and the application of a ‘deferred clean break’ in sharing cases.

  • TP v PRBP [2018] EWHC 2433 (Fam) High Court

The Court was concerned with whether the husband (acting in person) lacked mental capacity to conduct litigation.

  • AB v CD & C (No 1) [2019] EWHC 1695 (Fam) High Court

The case concerned when to disclose (a) to the parties’ child the fact that the husband, whom the child believed was his genetic father, was not his genetic father; and (b) to the child and the husband the true identity of, ‘X’, the biological father.

  • AB v CD & C (No 2) [2019] EWHC 2244 (Fam) High Court

Further Judgment on the issues at No 1 (above), together with the additional issue of whether the Court should allow the husband to take the child on holiday to France (in respect of which permission was refused).

  • FRB v DCA (No 1) [2019] EWHC 2816 (Fam) High Court

Acting for the wife, the Court was concerned with the wife’s application to strike out the husband’s civil claim for damages. He asserted these damages arose from what he claimed to be the wife’s deceit in misleading him to believe that the child of the marriage was his biological child. The husband’s claim was struck out and costs order made in the wife’s favour.

The husband, FRB, appealed – permission to appeal was declined by the High Court and the Court of Appeal.

  • FRB v DCA (No 2) [2020] EWHC 754 (Fam) High Court

Acting for DCA, the wife, in the final hearing of the financial remedy proceedings against her husband, FRB. The Judge awarded DCA £64m (plus art, to be determined), being some 3,000% more than FRB’s open offer.

The husband, FRB, appealed – permission to appeal was declined by the High Court and the Court of Appeal.

Joshua read Politics at Durham University before commencing his career in law – he attended BPP Law School and was awarded a ‘distinction’ in both the Graduate Diploma in Law and the Legal Practice Course. He started his training contract at Payne Hicks Beach in September 2013 and qualified as a Solicitor in September 2015. In June 2019, at the age of 29 and only 3 years PQE, Joshua was promoted to Senior Associate. 

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