Who? Claire Gordon, partner, Farrer & Co.
Why is she in the news? The firm, representing the wife in the third-largest divorce settlement in English legal history, secured a landmark family court ruling on coercive influence in marital agreements.
Thoughts on the case: ‘The judgment marks a significant development in the treatment of coercive control in financial cases. The court’s willingness to acknowledge the imbalance of power that can exist in relationships, and to scrutinise the circumstances surrounding marital agreements, sends a powerful message. It recognises that a build-up of persistent and attritional conduct can erode a person’s free will – there does not need to be a “blow up” event for a person to be placed under undue pressure. It also reinforces the principle that autonomy is key to fairness: marital agreements are unlikely to be upheld where one party has been cut off from accessing legal advice and put under improper pressure to sign.
‘There is an ongoing debate about the recognition of coercive control and other forms of domestic abuse in financial cases more generally, and the extent to which judges should take such conduct into account when deciding the fair financial outcome. This case may be an important stepping stone towards judges taking account of conduct, particularly coercive control, more generally when determining financial awards on divorce.’
Why become a lawyer? ‘My law degree was fascinating, but I quickly realised big corporate law held no interest for me. My tutor, the phenomenal Professor Francis Reynolds FBA KC, suggested taking a look at Farrer & Co before I gave up on law completely, so I have him to thank for my career. I was lucky enough to secure a vacation scheme place at the firm, and by the end of week four I was hooked.’
Career high: ‘I love what I do, so it is impossible to pick just one, but an early high was the first case I settled. The partners on the case didn’t get along at all, but the other associate and I had a good relationship (and our partners trusted us). So we picked up the phone and hammered out a settlement. Key lessons were learned about trusting your team and the power of an early phone call.’
Career low: ‘The first stark realisation at the end of a rare final financial hearing that outcomes in family law may sometimes seem plain wrong. As a trainee with limited experience at the time, the sharp dose of reality really bedded into me the benefits of reaching a consensual settlement where possible.’
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