THE AGENDA Letters
Dear Spear’s…
Readers have their say on country estates, surrogacy law, luxury brands and more
Estate of grace SIR – Your article about the Madresfield Estate (Spear’s 92) was wonderful and a true example of what landed estates need to be doing to future-proof their custodianship of their land, property and historic homes. The kind of vision shown by leading landed families such as that of Lucy Chenevix-Trench, when it comes to business planning, diversification and focus on creating quality branding, is an inspiration.
THE ISSUES Stately homes
Landed estates are at their heart a complex woven web of diversified business entities that need to be profitable to ensure the survival of the estate. When done right, the estate will flourish for next generations. When not considered or done poorly, estates will have no option other than to sell assets. Assets are finite and can rarely be bought back, so this has to be their last resort. Sarah Jordan, Moore Barlow
Country challenges SIR – Your article on Madresfield Court echoes discussions that we at Forsters have with our clients on the challenges of rural estate management.
With the loss of government direct support, high input costs and low commodity prices, diversification from reliance on agricultural income is increasingly important. Madresfield’s strategy of selling estate produce in their own restaurant is one answer to these challenges. Experimentation with regenerative agriculture is also topical, as farmers grapple with the challenges of ecological resilience in the face of a changing climate. In each case, these new approaches are not without risk.
Advice on structures and tax planning for such ventures should therefore form a key part of any business plan. Henry Cecil, Forsters
Sense and surrogacy SIR – I agree with the comments regarding surrogacy in your article ‘Delayed ratification’ (The Briefing,
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Spear’s 92). In this area it is particularly important that there is a specialist legal team in place who can get to grips with
POST-WAU G H
INFLUENCES Madresfield Court inspired Brideshead Revisited. Today its owners are aiming to offer fresh inspiration in novel ways
Words TIMOTHY BARBER Photography ANDY MACKIE
the legal position in the country in which the child is born and in which the intended parents live or have a connection.
Legal parentage cannot be considered in isolation, however. A number of legal issues affect HNW families embarking on surrogacy. It is vital that immigration advice is taken at the outset – for example, so that parents know whether they and their child are entitled to remain temporarily in the country of birth and whether the child is entitled to a foreign passport to travel home. Advice about any visa requirements is essential.
THE BRIEFING Family law
END OF AN ERA
As some of family law’s Queen Bees take a step back, who will take their place? By Aisha Alli
From left: Sandra Davis, Frances Hughes, Baroness Shackleton, Diana Parker, Lady Helen Ward
EVER SINCE IT WAS first published, the Spear’s index of leading family lawyers to HNWs has been dominated by women. But even in this elevated context, there are five women in particular who have always stood out: the so-called ‘Queen Bees’.
Shackleton flowers as a token of gratitude for conducting the proceedings without acrimony – and recently her brother, Earl Spencer, hired her to handle his third divorce.) On the other side of the royal split was Davis, who also acted for Jerry Hall when she separated from Mick Jagger.
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SHAKESPEARE/MARK
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Having risen to prominence in the Eighties and Nineties, Baroness Shackleton (Payne Hicks Beach), Lady Helen Ward (Stewarts), Frances Hughes (Hughes Fowler Carruthers), Sandra Davis (Mishcon de Reya) and Diana Parker (Withers) have stood atop their profession for decades. For countless billionaires and celebrities in need of a prenup or representation in a divorce battle,
these have been the people to call first.
The calibre of the Queen Bees’ clients has been unmatched. It was Shackleton who King Charles chose to represent him in his divorce from Diana. (Diana even sent
HNWs with an international connection often also raise questions around English domicile, which is one of the criteria for making a parental order. Until the law changes here, presence in this country will not be enough to satisfy the criteria and time will need to be spent satisfying the English judge that one of the applicants has their domicile here. Connie Atkinson, Kingsley Napley LLP
Hedge fund manager Sir Chris Hohn opted for Parker to represent him on what was then the highest-value divorce in the English courts. Among Hughes’ big-money cases was Potanin v Potanina, which saw her represent Natalia Potanina against one of Russia’s richest men. Ward – described as ‘a tigress who never sleeps when she is on your case’ – has fought for the likes of Guy Ritchie and Andrew Lloyd Webber.
But this year – for the first time since Spear’s began its Family Law Index – two of these titans have dropped out of the top tier of our rankings. Stewarts’ Ward has stepped down from the partnership to become a consultant, while Davis no longer heads up Mishcon de Reya’s family law department, although she continues to advise clients. As a result, each is now listed as a ‘Senior Statesperson’ in our rankings.
The ‘abdication’ of two of the Queen Bees is a visible sign of a shift in the industry’s balance of power. And, fellow family lawyers tell Spear’s, it is inevitable that more change at the top will follow.
‘The key to being a good department head is having a good succession plan in place,’ said one leading family lawyer, who wondered aloud to Spear’s how Shackleton’s eventual departure would affect Payne Hicks Beach. The industry’s best-known figure has achieved recent high-profile successes for clients including Princess
Luxury in Asia SIR – I’ve just returned from a fantastic trip to Tokyo and Hong Kong and was struck by the influx of Chinese shoppers, eager to capitalise on the weak yen. It ’s a vivid reminder of how quickly the fashion world evolves and how brands come in and out of fashion. Gucci has been on a meteoric rise for a number of years until its slowdown last year, while Prada and particularly Miu Miu have recently re-emerged.
While China may be cooling, the global luxury market is far from quiet. Look to India, where growth opportunities abound and consumer spending has soared, particularly over the past five years with the growth of the new class of wealthy. Furthermore, the second-hand market is a significant growth opportunity for luxury brands, which Bain predicts could soon contribute 20 per cent of global brand revenues. The luxury industry is resilient, and its future looks bright. Manju Malhotra, ex-CEO, Harvey Nichols
Plan Bee SIR – I read with much delight your article on the ‘Queen Bees’ of family law (The Briefing, Spear’s 92). As a divorce lawyer for HNW clients in the niche Middle Eastern market, with Dubai as its hub, I often debate whether we are inadvertently creating a Queen Bee culture in handling these complex cases.
For years, Byron James of Expatriate Law and I have been recognised as leading British experts on HNW cases in the region. We have carved out a niche that makes us the first choice for
Haya of Jordan. But the impending departure of the head of the firm’s family department, Rebecca Cockcroft, whom many expected to take on the mantle, has set tongues wagging. ‘Baroness Shackleton brings in the big-money clients,’ said the same lawyer, who asked to remain anonymous. ‘What happens when she’s no interests of clients and set an example to the next generation, the outsized influence of certain star names has not been a universally positive phenomenon, says one leading lawyer who spoke off the record to Spear’s. ‘If you want to build an enduring family practice, it cannot be centred around one person. Having a brilliant partner at the helm is essential but there longer there?’
That time may be some way off. Shackleton’s involvement in landmark cases such as Potanin v Potanina (2023), where she represented Vladimir Potanin and successfully blocked a multi-billion-pound case being brought against him by his ex-wife into English courts, shows that she is still practising at the top of her game.
Payne Hicks Beach points to newly minted department head Nick Manners, who works alongside a mix of similarly experienced, long-standing partners as well as homegrown talents such as Ben Parry-Smith. But when the time comes, will the firm’s family department continue to flourish, even without such a talismanic figure at its heart? And how will the other firms with incumbent Queen Bees fare? As one head of a leading family department puts it, ‘These [big] names aren’t going to be around for ever. They’ll want to sit in their French villas at some point.’
‘This is what I call “The Hairdresser’s Dilemma”,’ Stephen Foster, head of divorce and family at Stewarts, tells Spear’s, speaking about succession planning in general rather than any particular firm. ‘However good your hairdresser is at cutting hair, they can only cut one person’s hair at a time.’ The same natural limitations apply to the craft of leading family lawyers – each person can only take on so many clients or so much work. When it comes to the complex, multi-jurisdictional matters that define modern HNW family law, this is even more apparent. ‘It can’t be one person doing everything, it has to be a team,’ says Foster. ‘It’s not like flying a Spitfire any more, it’s more like flying a Dreamliner.’
The movement and mobility of modern wealth presents knotty challenges, which require a wide range of expertise. ‘It’s not about one big-name lawyer understanding everything and calling all the shots. The scale of cases means you need a large density of star partners, not just one. On top of that, you need highly skilled star associates supporting them,’ explains Foster.
For all their work to beef up the standing of family law as a profession, protect the should be more than that. There is a tremendous strength in having a unity of purpose and approach.’
At the helm of Mishcon de Reya’s family department sits Kate Clark who is looking to make her own mark in the role amid the formidable legacy left by Sandra Davis. ‘We’d been led by Sandra for many decades and she’s very impressive. Family law has historically had these big names at the top but now you’ve got a wide range of lawyers,
It’s not like flying a Spitfire any more, it’s more like flying a Dreamliner many of whom bring in different expertise and services.’ Some feel the mere use of the term ‘Queen Bees’ has been unhelpful. According to Penningtons Manches Cooper family head James Stewart, the idea itself is outmoded and fails to acknowledge those
‘who are making a real mark on family law, regardless of gender’. He points to his colleague Anna Worwood, FLiP’s David Allison, Catherine Bedford of Harbottle & Lewis and William Longrigg of Charles Russell Speechlys, among others, as leading lights of the profession who have not necessarily received due recognition.
Indeed, when asked whether she would like to be thought of as ‘a Queen Bee’, Harbottle’s Bedford previously told Spear’s: ‘Absolutely not.’ She added: ‘I want to work in a team of people who I enjoy being with and respect and who stimulate one another. That’s really what it’s all about.’
While a select few are sure to muscle their way to the top and claim the big cases, it looks all but certain that this generation of Queen Bees will prove to be the last.
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LONG MAY THEY REIGN: THE QUEEN BEES WHO REMAIN
Frances Hughes Hughes Fowler Carruthers Frances Hughes specialises in divorce and complex children cases. She has acted for hedge fund owners, entrepreneurs and Hollywood stars and her success in court has earned her a reputation as one of the best litigators in the field.
Diana Parker Withers ‘We are a necessary evil – I recognise that,’ Diana Parker once said of her profession. She has been described as an ‘ice queen’, but more pertinent are the many rave reviews: ‘Discreet, slick and awesome,’ was the verdict of one industry observer.
Fiona Shackleton Payne Hicks Beach Having represented everyone from King Charles to Princess Haya bint Hussein of Jordan, Baroness Shackleton holds the title of Britain’s most revered and feared divorce lawyer. Industry peers describe her as
‘the greatest family lawyer of all time’.
high-net-worth British expatriates. One wonders if, like the departments you analysed, we should focus on building a stronger hive to ensure it does not crumble when the ‘French villas’ call. Madeleine Mendy, Bin Sevan Advocates & Legal Consultants
To submit a letter for publication in Spear’s, please email milly.rochow@spearswms.com. All correspondence will be considered for publication unless otherwise stated.
