Marcus Dearle

Practice Areas

Acts in complex domestic and international family law cases in England & Wales and Hong Kong. Marcus has specialist expertise, in particular, acting for trustees in HNW and UHNW divorce and trust cases, advising on HNW and UHNW PNAs and dealing with international divorce litigation involving PNAs and trusts. He has recognised pioneering expertise in international surrogacy law and medico-legal/fertility law issues.

Career

Withers in London and Hong Kong (1990-2016), BCLP Hong Kong (2016-2020) and Miles Preston, London (2021 to date);

He co-trained and/or co-recruited 11 out of the 15 Withers current members or Withers alumni listed in this Chambers HNW Edition 2023 (UK-wide).

Professional Memberships

- IBA (Immediate Past Chair of the International Bar Association, Family Law Committee);

- Fellow of the International Academy of Family Lawyers;

- Resolution;

- Law Society of England & Wales;

- Law Society of Hong Kong.

Publications

Contributing Editor of the Global Legal Post comparative jurisdictional guide to Family Asset Protection;

Contributing Editor of the ICLG Cross Border Family Law Guide;

Author of Divorce and Trust Chapter in Sweet & Maxwell’s Family Law in Hong Kong.

Clients

He currently represents Sir Frederick Barclay in his divorce and has successfully defended him in highly complex committal proceedings involving international trusts. He took over the case just after the family remedy trial judgment on 31 March 2021: see the reported judgments – Barclay v Barclay [2021] EWFC 40, 5 July 2021, Barclay v Barclay [2022] EWHC 2026 (Fam), 28 July 2022 and Barclay v Barclay [2023] EWFC 164, 17 August 2023;

Acted for the corporate trustee of an offshore Guernsey trust in a major and complex divorce and trust case, which went to trial in the High Court in London in 2001, and then to the Court of Appeal in 2008: Judge v Judge [2008] EWCA Civ 1458;

Acted in the HK landmark divorce and trust case up to HK's supreme court, the Court of Final Appeal: Otto Poon [2014] HKEC 1174, representing the professional trustee, HSBC International Trustee Limited. The ‘Charman in Hong Kong case’;

Acted in the first Hague Convention Child Abduction case in HK (unreported - 2012) between HK and Singapore after Singapore acceded to the Hague Convention on the Civil Aspects of International Child Abduction;

Represented Florence Tsang in TCWF v LKKS [2014] HKEC 1593, initially in the High Court in London, and then in the High Court in HK. This landmark case was the largest litigated divorce case in HK. The case eventually went to the Court of Final Appeal;

Acted successfully for the financially stronger US husband in LCYP v JEK [2019] HKCFI 1588, which is now the leading pre-nuptial post-nuptial (PNA) case in Hong Kong;

Also represented JEK in stage 1 of the case in LCYP v JEK (Children: Habitual Residence) [2015] 4 HKLRD 798 which confirms HK law on habitual residence in a Hague Convention child abduction context - going up to to the HK Court of Appeal. This case was cited by Justice Ruth Ginsburg in the US Supreme Court case of Monasky v Taglieri in February 2020; and

Represented the surrogate mother in London in the case of W v H (Child Abduction: Surrogacy) (No 1) [2002] 1 FLR 1008; also W v H (Child Abduction: Surrogacy) (No 2) [2002] 2 FLR 252: this was a case involving a dispute between a British surrogate mother and a Californian couple also involving high profile litigation in CA.

Industry Sector Expertise

Commentary from legal directories includes:

“He must be one of the most experienced family lawyers in London – especially now so many seniors are retiring.”

Client: Chambers High Net Worth UK 2023

“He’s probably the most experienced trusts family lawyer there is in the country.”

Third Party: Chambers High Net Worth UK 2023

“He’s well trained, well versed and well presented. He is organised and clever.”

Market Commentator: Chambers High Net Worth UK 2023

Expert in these Jurisdictions

Qualified in England & Wales and Hong Kong SAR. Qualified, but not practising, in the British Virgin Islands.

Awards