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We're advocating for cohabiting couples in Jersey to receive fundamental rights in the event of a relationship breakdown or the death of their partner.
"Nina Benest is exceptional – direct, clinical and always willing to push a good point, yet balanced with calm and pragmatic advice, when needed."
"Clare Woodhouse – excellent combination of logical, strategic and kind. She listens, gets the point and makes it happen. She has a great way with people and so makes organising legal matters seem like a calm process, as it should be."
"I can’t thank Nina Benest enough for all her support, hard work and dedication to helping me and my family get the result that we had only dreamed of. A huge thank you must also go to Clare Woodhouse, who supported Nina in her work and has been very helpful with the many queries that I have had over the years."
Cohabitation laws in Jersey, Channel Islands, do not offer the same protections to cohabiting couples as they do to married couples or those in civil partnerships. There is no recognition of common-law marriage on the island, regardless of how long a couple may live together.
Unmarried couples have no specific legal rights if they separate. The absence of specific statutes protecting cohabitees leaves most matters open to agreements made between the couple. This can leave cohabiting individuals vulnerable, particularly when it comes to the division of property and assets, or the right to remain in a shared home.
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Nina has over has over twenty years’ experience in the legal profession in Jersey. She was sworn in as an Advocate of the Royal Court in August 1999, having been called to the English Bar in 1996 (Middle Temple). Nina joined Benest & Syvret at its inception in October 1997.
As an Advocate, Nina regularly appears in Court as well as before other tribunals. As the Partner heading our dispute resolution and litigation team, she also has a wealth of experience undertaking lawyer led negotiations, mediation, arbitration and private FDRs as alternative means of resolving disputes, not just through the Courts.
Nina appeared in Downes v Marshall [2010] JRC 115B, in which the court redefined the test for Appeals from the Family Registrar to the Royal Court. In De La Haye v Walton [2013] JRC 021, Nina successfully represented the plaintiff in a case that developed the doctrine of rapport á la masse in succession cases.
Nina is a former chair of the Jersey Family Law Association and is an accredited member of Jersey's Children Panel and as such represents both children and primary carers in public children law cases.
Nina is an Associate member of the Jersey Construction Council and contributes to it's work by sitting on the Policy Sub Committee.
She is also a member of the Clergy Disciplinary Division of the Ecclesiastical Court.
Outside of the office, Nina is an accomplished musician and plays viola in the Jersey Symphony Orchestra. She enjoys gardening and trying new recipes from her extensive cookery book collection.
Clare graduated from the University of East Anglia, with a BA in European Cultural Studies followed by a Diploma in Law. Thereafter, she went on to do her LPC at APU in Chelmsford.
Clare did her training contract at a small high street firm in Norfolk called ‘Hood, Vores and Allwood’ before qualifying as a solicitor in 2004. She worked for 3 years at a firm called ‘Ward Gethin’ where she specialised in family law before moving to Jersey.
In Jersey, Clare worked at ‘Mourant’ for 13 years, in their Family Legal Aid Department as a senior associate.
Her specialisms include children matters, both public and private, as well as matrimonial and personal injury work.
She has also completed the Mind course and is a qualified Mental Health First Aider. Until recently she was a trustee for the Jersey Child Care Trust.
Clare has two lovely children who she spends as much time with, outside of work as possible.
Advocate Darry Robinson is a litigator with broad experience. He joined Benest & Syvret in July 2018, having previously worked within the Attorney General’s Office.
Darry is a leading advocate with a practice that encompasses many aspects of public and private law cases and civil litigation arising out of family law, human rights, local authority duties, and negligence. Darry’s civil practice encompasses high value claims in tort, including group claims. He is particularly well known for bringing civil claims against the Government of Jersey on behalf of victims whose human rights have been contravened and for bringing high value claims against the Government of Jersey for individuals who have suffered severe physical and psychological injury.
Darry is known for his confident manner in court, highly persuasive style of advocacy and excellent client care. He is an expert in administrative proceedings, judicial review and human rights.
Darry succeeded for the plaintiffs in the landmark human rights Royal Court decision of F, H, Y, W, T, S [2021] JRC280, which examined the principle of real and effective consent for the purposes of Art 17 of the Children (Jersey) Law 2002 and the lawful authority to accommodate children as a consequence of instigating police protection measures under Art 41 of the Children (Jersey) Law 2002 and proportionate and necessary responses of social services and the police to avoid subverting the statutory regime.
In the Royal Court case J -v- Chief Minister [2020] JRC215, Darry, acting on behalf of the appellant, successfully sought the dismissal of conditions imposed by the Chief Minister pursuant to Article 41 of the Control of Housing and Work (Jersey) Law 2012 preventing J’s family from accessing the Affordable Housing Gateway in Jersey and failing to recognise the needs of the children.
Darry advanced proceeding to the Court of Appeal concerning a child who had been unlawfully placed in a UK residential unit. There was an important legal issue that required resolution by the Court of Appeal and which related to all Jersey children placed in UK residential units under Jersey care orders. Rather than proceeding to appeal the Government of Jersey lodged the Children (Arrangements to Assist Children to Live Outside Jersey) (Amendment) (Jersey) Law 2022 which was adopted by the States Assembly on 2 March 2022 to amend the Children Law and to enable the Court to approve arrangements for a child that is to live outside Jersey in suitable residential accommodation.
Darry is an accredited member of the Jersey Children’s Panel and is able to work for both children and parents.
Hobbies
Outside of work Darry likes spending time with his family and rowing. He has on a number of occasions competed as part of a team in the demanding Sark to Jersey rowing race.
Claire provides tailored advice and solutions to Employers and Human Resource departments. She has been involved in creating and advising on their Policies and Procedures and ensuring that changes in employment regulation are managed and implemented correctly. Claire provides employment advice on a variety of employment related claims including discrimination, unfair dismissal, redundancy and compromise agreements along with business restructures and re-organisation.
Claire also heads up our team dealing with Estates for both Jersey residents and non-residents and the application for Jersey Probate. She is able to provide an efficient service whilst dealing with such matters at a sensitive time for those clients involved. Claire has also built strong relationships with UK and Worldwide Legal practices who require support and guidance to manage their clients through the Jersey Probate procedures.
Having drafted thousands of Wills over her career, Claire is very well versed on ensuring that the final wishes of clients are carried out, making sure that even the most complex instructions are detailed to ensure that they can be followed through. Claire has provided guidance to clients and others regarding mental capacity issues and Lasting Powers of Attorney in Jersey which became available from the 1st of October 2018.
Having studied at Nottingham Trent University, Claire completed her Legal Practice Course at the College of Law, Guilford. Claire also holds a Post Graduate Certificate in Employment Law from the University of Surrey.
Throughout Claire’s career she has been known for her approachable style and attention to detail, whilst going the extra mile to ensure that her clients receive a high level of service. Claire regularly speaks at events in Jersey and contributes to articles regarding changes in the law.
Claire spends her spare time with her family and friends and enjoys walking.