Jonathan Walker-Kane

Jonathan Walker-Kane is a family law practitioner who specialises matrimonial finance, TOLATA claims arising out of cohabiting relationships, and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975. He is a popular barrister who attracts a following of solicitors nationwide, and he is a regular speaker at family law events organised by Jordans, the Family Law Bar Association and others.

His pedigree extends to cases of considerable complexity, some of which are reported. He appeared in the case of Cordle v Cordle at first instance and up to the Court of Appeal, where the key issue was the division of the proceeds of sale of a former matrimonial home in a volatile market and the court's discretion when hearing an appeal. He also appeared in Frear v Frear, an Inheritance Act case on appeal. Jonathan is an experienced barrister known for his distinctive court style and sensitive manner with clients.

Notable Cases

Court of Appeal (Civil Division)

Frear v Frear and another [2008] EWCA Civ 1320
Equity – Election – Application of doctrine of election to will – Claimant claiming entitlement to three-quarters of beneficial interest of property – Whether claimant holding half beneficial interest in property at date of mother's death – Whether mother believing herself to hold entire beneficial ownership – Whether claimant to be put to election

Re R (children) [2005] EWCA Civ 542
Children - Residence order - Shared residence order - Judge ordering sole residency with mother - Correctness of decision - Appropriateness of retrial

Cordle v Cordle [2001] EWCA Civ 1791
Divorce – Ancillary relief – Appeal – Circuit judge varying order of district judge – Whether circuit judge in error – Whether appeal from district judge to circuit judge should be by way of rehearing or by way of review

County Court

George v Szyczak [2009] EW Misc 5 (EWCC)
Leeds County Court - Trusts of Land and Appointment of Trustees Act 1996 - Constructive trust - Proprietary estoppel - Cohabitation - Property - Post-acquisition agreement between the parties - Weight to be given to such agreement - Beneficial interest implied from conduct - Whether case exceptional