Nicholas Mostyn
Encyclopedia
Sir Nicholas Anthony Joseph Ghislain Mostyn (born 13 July 1957 in Lagos
, Nigeria
), styled The Hon. Mr Justice Mostyn, is a British
High Court of Justice
judge
in the family division, and a former leading divorce
lawyer
.
British American Tobacco
executive, Mostyn was born in Nigeria
, and grew up there and in Venezuela
and El Salvador
. After his parents divorced, he was educated at Ampleforth College
alongside friend Edward Stourton (also the Nigerian born son of a BAT executive, and later BBC
journalist), where the pair won the Observer Mace debating prize. He then studied law at the University of Bristol
.
, he was called to the bar in 1980, and initially served on domestic violence
cases in Edmonton
County Court
; he took silk in 1997. In 2000/1 he was on the losing side of the husband farmer in the key White v White
case, where the judge ruled that "there should be no bias in favour of the money-earner and against the home-maker and the child-carer."
After this his career took off, and after winning a number of notable cases including representing the wife of footballer Ray Parlour
, and winning the 1000day marriage case for the wife of a leading City of London
fund manager where no children where involved, he earned himself the nick name of "Mr Payout." At the height of his earnings, his is reputed to have earned £500 an hour, and was retained by Fiona Shackleton
in Paul McCartney
's divorce case with Heather Mills. Mostyn would also undertake pro bono
cases where he thought there was an important issue of law involved, particularly those involving the Child Support Agency
and its problems:
Mostyn became an assistant recorder in 1997, and both a recorder and appointed a deputy High Court judge in 2000. Mostyn was appointed a full time High Court judge on 20 April 2010, on the retirement of Mr Justice Bennett. He was knighted on 11 May 2010.
"doesn't bloody well work." The couple lived at the family home and farm in Hertfordshire
, but are currently separated after Mostyn started an affair with junior barrister Elizabeth Saunders, the widow of barrister Mark Saunders who was shot by Metropolitan Police
gunman in May 2008.
Mostyn labels himself “Catholic, Welsh and Wagnerian,” enjoys smoking
, hunting
, windsurfing
and skiing
; and follows ("generally despairingly") Southampton F.C.
and the England cricket team.
Lagos
Lagos is a port and the most populous conurbation in Nigeria. With a population of 7,937,932, it is currently the third most populous city in Africa after Cairo and Kinshasa, and currently estimated to be the second fastest growing city in Africa...
, Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
), styled The Hon. Mr Justice Mostyn, is a British
British people
The British are citizens of the United Kingdom, of the Isle of Man, any of the Channel Islands, or of any of the British overseas territories, and their descendants...
High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in the family division, and a former leading divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
.
Early life
The son of a North WalianNorth Wales
North Wales is the northernmost unofficial region of Wales. It is bordered to the south by the counties of Ceredigion and Powys in Mid Wales and to the east by the counties of Shropshire in the West Midlands and Cheshire in North West England...
British American Tobacco
British American Tobacco
British American Tobacco p.l.c. is a global tobacco company headquartered in London, United Kingdom. It is the world’s second largest quoted tobacco company by global market share , with a leading position in more than 50 countries and a presence in more than 180 countries...
executive, Mostyn was born in Nigeria
Nigeria
Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in...
, and grew up there and in Venezuela
Venezuela
Venezuela , officially called the Bolivarian Republic of Venezuela , is a tropical country on the northern coast of South America. It borders Colombia to the west, Guyana to the east, and Brazil to the south...
and El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
. After his parents divorced, he was educated at Ampleforth College
Ampleforth College
Ampleforth College in North Yorkshire, England, is the largest Roman Catholic co-educational boarding independent school in the United Kingdom. It opened in 1802, as a boys' school, and is run by the Benedictine monks and lay staff of Ampleforth Abbey...
alongside friend Edward Stourton (also the Nigerian born son of a BAT executive, and later BBC
BBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
journalist), where the pair won the Observer Mace debating prize. He then studied law at the University of Bristol
University of Bristol
The University of Bristol is a public research university located in Bristol, United Kingdom. One of the so-called "red brick" universities, it received its Royal Charter in 1909, although its predecessor institution, University College, Bristol, had been in existence since 1876.The University is...
.
Career
Serving his pupilage at Middle TempleMiddle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
, he was called to the bar in 1980, and initially served on domestic violence
Domestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
cases in Edmonton
Edmonton, London
Edmonton is an area in the east of the London Borough of Enfield, England, north-north-east of Charing Cross. It has a long history as a settlement distinct from Enfield.-Location:...
County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
; he took silk in 1997. In 2000/1 he was on the losing side of the husband farmer in the key White v White
White v White 2001
-Overview:The House of Lords decision in White v White 2000 is a landmark case in redistribution of finances as well as property on divorce. This case involved a couple with assets exceeding £4.5m which was more than either needs for their reasonable requirements...
case, where the judge ruled that "there should be no bias in favour of the money-earner and against the home-maker and the child-carer."
After this his career took off, and after winning a number of notable cases including representing the wife of footballer Ray Parlour
Ray Parlour
Raymond "Ray" Parlour , is a retired English footballer. He spent his career playing for Arsenal, Middlesbrough and Hull City. During his Arsenal career he was nicknamed "The Romford Pelé"; although the nickname was given with an ironic sense of humour, on account of his solid performance but...
, and winning the 1000day marriage case for the wife of a leading City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
fund manager where no children where involved, he earned himself the nick name of "Mr Payout." At the height of his earnings, his is reputed to have earned £500 an hour, and was retained by Fiona Shackleton
Fiona Shackleton
Fiona Shackleton, Baroness Shackleton of Belgravia LVO is an English solicitor, who has represented members of the British Royal Family and celebrities, including Sir Paul McCartney and The Duke of York...
in Paul McCartney
Paul McCartney
Sir James Paul McCartney, MBE, Hon RAM, FRCM is an English musician, singer-songwriter and composer. Formerly of The Beatles and Wings , McCartney is listed in Guinness World Records as the "most successful musician and composer in popular music history", with 60 gold discs and sales of 100...
's divorce case with Heather Mills. Mostyn would also undertake pro bono
Pro bono
Pro bono publico is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms...
cases where he thought there was an important issue of law involved, particularly those involving the Child Support Agency
Child Support Agency
The Child Support Agency is a delivery arm of the Child Maintenance and Enforcement Commission in Great Britain and the Department for Social Development in Northern Ireland...
and its problems:
Mostyn became an assistant recorder in 1997, and both a recorder and appointed a deputy High Court judge in 2000. Mostyn was appointed a full time High Court judge on 20 April 2010, on the retirement of Mr Justice Bennett. He was knighted on 11 May 2010.
Notable cases
- Karen v. Ray ParlourRay ParlourRaymond "Ray" Parlour , is a retired English footballer. He spent his career playing for Arsenal, Middlesbrough and Hull City. During his Arsenal career he was nicknamed "The Romford Pelé"; although the nickname was given with an ironic sense of humour, on account of his solid performance but...
: won more than £4m in 2004 in a divorce against the settlement former Arsenal F.C.Arsenal F.C.Arsenal Football Club is a professional English Premier League football club based in North London. One of the most successful clubs in English football, it has won 13 First Division and Premier League titles and 10 FA Cups...
footballer, where it was ruled that Karen's efforts to curb Parlour's addiction to the 'laddish' footballer drinking culture meant she had played an important role in his career. Mostyn won her a £250,000 lump sum, an annual personal maintenance allowance of £406,500, two tax-free homes, £37,000 maintenance for their three children, and 37.5% of his future earnings. - Melissa v. Alan Miller: City of London Fund Manager Alan, who was married to Melissa for less than 1000days, was told to hand over £5m of his reported £65m fortune. No children were involved.
- Sandra v. Sir Martin SorrellMartin SorrellSir Martin Sorrell is an English businessman and the chief executive officer of WPP Group. He has served in that role since he started the company.-Biography:...
: won the ex-wife of the CEO of advertising group WPPWPPWPP may refer to:* Windows software trace preprocessor* WPP plc, a London-based advertising holding company* Wandsworth Parks Police, a police service in London, England* Witness Protection Program, in USA...
, a 40:60 share of marital in 2005, a sum of £29m after being "marginalised and dehumanised" by her husband during their 32-year marriage. The payout included a £23.4m lump sum, £2m in bank deposits, the family's £3.25m home, and two parking spaces valued at £200,000. - Shan v. Harry Lambert: in 2001, won £7.5M for the ex-wife of the newspaper proprietor. In 2002 after an appeal by Harry, the figure was increased by £2.6m, half Lambert's £20m fortune. Lambert described his ex-wife's contribution to their 23-year marriage as "revolving around children and the microwave," the judge quoted White v White back to him.
- Zeta v. Francois Graff: won the model, socialite and actress £10m on divorcing diamond heir Francois in 2003. The settlement included a London property and a jewellery collection, from a family worth more than £100m. Mostyn described the settlement as a "crushing victory."
- Paul McCartneyPaul McCartneySir James Paul McCartney, MBE, Hon RAM, FRCM is an English musician, singer-songwriter and composer. Formerly of The Beatles and Wings , McCartney is listed in Guinness World Records as the "most successful musician and composer in popular music history", with 60 gold discs and sales of 100...
v. Heather Mills: in which Mostyn was retained by McCartney's solicitorSolicitorSolicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
Fiona ShackletonFiona ShackletonFiona Shackleton, Baroness Shackleton of Belgravia LVO is an English solicitor, who has represented members of the British Royal Family and celebrities, including Sir Paul McCartney and The Duke of York...
, before Mills solicitor Anthony Julius, leading to them being known during the case by the media as the "legal dream team." - Charles Spencer, 9th Earl SpencerCharles Spencer, 9th Earl SpencerCharles Edward Maurice Spencer, 9th Earl Spencer, DL , styled Viscount Althorp between 1975 and 1992, is a British peer and brother of Diana, Princess of Wales...
v. second wife, Carolyn Freud: Mostyn represented the Earl. After losing the right to have the case heard in a closed court session, the Earl was upset at the final settlement. Mostyn, a keen farmer, named his latest batch of seven pigs after his thoughts on the case's high court judge, Mr Justice James MunbyJames MunbySir James Munby QC, styled The Rt Hon. Lord Justice Munby, is a British Court of Appeal judge, and the present chairman of the Law Commission for England and Wales....
: James, Munby, Self-regarding, Pompous, Publicity, Seeking, Pillock. The Earl later unsuccessfully sued Mostyn.
Personal life
Married to Lucy for 26 years, the couple have four children. Mostyn once joked that his youngest son Charlie is living proof that the rhythm methodRhythm Method
Calendar-based methods are various methods of estimating a woman's likelihood of fertility, based on a record of the length of previous menstrual cycles. Various systems are known as the Knaus–Ogino Method, rhythm method, and Standard Days Method...
"doesn't bloody well work." The couple lived at the family home and farm in Hertfordshire
Hertfordshire
Hertfordshire is a ceremonial and non-metropolitan county in the East region of England. The county town is Hertford.The county is one of the Home Counties and lies inland, bordered by Greater London , Buckinghamshire , Bedfordshire , Cambridgeshire and...
, but are currently separated after Mostyn started an affair with junior barrister Elizabeth Saunders, the widow of barrister Mark Saunders who was shot by Metropolitan Police
Metropolitan police
Metropolitan Police is a generic title for the municipal police force for a major metropolitan area, and it may be part of the official title of the force...
gunman in May 2008.
Mostyn labels himself “Catholic, Welsh and Wagnerian,” enjoys smoking
Smoking
Smoking is a practice in which a substance, most commonly tobacco or cannabis, is burned and the smoke is tasted or inhaled. This is primarily practised as a route of administration for recreational drug use, as combustion releases the active substances in drugs such as nicotine and makes them...
, hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
, windsurfing
Windsurfing
Windsurfing or sailboarding is a surface water sport that combines elements of surfing and sailing. It consists of a board usually two to four metres long, powered by the orthogonal effect of the wind on a sail. The rig is connected to the board by a free-rotating universal joint and comprises a...
and skiing
Skiing
Skiing is a recreational activity using skis as equipment for traveling over snow. Skis are used in conjunction with boots that connect to the ski with use of a binding....
; and follows ("generally despairingly") Southampton F.C.
Southampton F.C.
Southampton Football Club is an English football team, nicknamed The Saints, based in the city of Southampton, Hampshire. The club gained promotion to the Championship from League One in the 2010–2011 season after being relegated in 2009. Their home ground is the St Mary's Stadium, where the club...
and the England cricket team.