Marilyn Kennedy-McGregor


Year of Call 1989



General Profile


Marilyn lectured on business computing at The City University Business School and ran her own computer consultancy company before coming to the Bar. Known as a forceful advocate she specialises in commercial and real estate litigation, professional negligence, family provision, contested wills and inheritance claims.

 

Wills, Probate and Family Provision

 

Her emphasis is on contentious matters, including construing disputed wills, advising on evidence and strategy, negotiating the best settlement for the client and litigating the question in court. At an early stage this also involves careful consideration of which remedy is most appropriate and cost-effective when the client is uncertain of the advantages of disputing the will or alternatively accepting it and seeking financial provision from the estate. In recent years she has specialised in particular in high value 1975 Act Family Provision cases, acting for both claimants and beneficiaries.

 

Commercial and Chancery litigation

Although her practice encompasses all contentious commercial litigation, she specialises in those with a property element, such as the breakdown of property joint ventures. She has also advised and litigated on many real property issues, including covenants, easements, mortgages and boundary disputes relating to both commercial and residential property.  She has achieved many satisfactory settlements where the outcome, should the matter proceed to trial, is in doubt, and she is particularly strong on advising on the strategy to achieve the best result for the client. Marilyn especially enjoys cases where the result may depend on successful cross examination.


Professional negligence

Marilyn’s specialisation in this area relates primarily to solicitors and surveyors’ negligence in property matters. She has acted in many cases, for both the professional and the person alleging negligence, and focuses on achieving the best result for the client, whether that be arrived at by litigation or negotiation, and whether the client is most concerned about damages or about the vindication of a professional reputation.


Trusts

She specialises in contentious matters directly or incidentally involving trusts, such as commercial, family and property litigation in which resulting and constructive trusts arise as a matter of law, in particular those where negotiating and advocacy skills are essential. In addition she advises on the construction of trust deeds and the effects of all types of trusts in non-contentious matters.

 

Cases of interest for Marilyn include:

 

Lawrence v Lawrence 2015

Grant v Houser 2015

Bhura v Bhura [2015] 1 FLR 153
Singh v Singh [2014] 2762 (Ch)
Souglides v Tweedie [2013] Ch 373
Daniels v Deville [2008] EWHC 1810 (Ch)
Denware Ltd v Rosewild Ltd [2002] EWCA Civ 2003
Woolwich v Dickman (1996) 72 P&CR 470
Allport v Allport 2012
Grant v Houser 2015


Career and Associations

 

BA (Hons)

Postgraduate Diploma in Law (Distinction)

Called to the Bar 1989

Member of the Chancery Bar Association