Guy Swiffen
Call: 1991
Guy Swiffen
BA (Hons) History, Reading University
L.Dip. City University, London
Legal 500
Chambers and Partners
Contact
T: 01274 722560 or 0113 246 2600
Guy has been at the Bar since 1991 and has practised exclusively in the field of children law for over 20 years. He began his career in London and then moved to the North of England in the late 1990s. Since then he has forged a heavyweight practice which takes him to all parts of the North of England dealing with many of the most complex cases being heard in the region. His reputation is very high amongst both his peers and the Judiciary, and he is recognised in Chambers and Partners and the Legal 500 year on year.
He has been described as a “bright and stunningly good junior.” He is known to be an incisively devastating cross examiner. Over the years his practise has taken him to developing the forensic skills to challenge the analyses and opinions of medical experts in the witness box. Complimenting his forensic skills is an excellent knowledge of the legislation and case law. He is happy to operate at all court levels: he has had the experience of taking a case all the way to the House of Lords. He prides himself on having a friendly and approachable relationship with clients and solicitors alike.
He often acts against Silks as a leading Junior (leading both Junior Counsel and solicitors).
Reputation
Guy has been ranked in the Legal 500 and Chambers & Partners for over a decade. Recent comments include:
‘Guy is very experienced and deals with high-level public law children cases"
(Chambers and Partners, 2023)
‘An unflappable barrister. His forthright manner and confidence sets all in the court room at ease. He has a keen analytical mind"
(Legal 500, 2023)
Band 1 ‘Ability to handle an eclectic mix of children-related work, ranging from abuse allegations and child injuries to care proceedings. He regularly acts for parents, intervenors and local authorities alike, which further illustrates his holistic practice. "Guy Swiffen is very good in complex medical cases."
(Chambers & Partners, 2022)
‘Guy is a tenacious and fearless advocate. Excellent with clients. His persuasive powers are second to none.;Ability to handle an eclectic mix of children-related work, ranging from abuse allegations and child injuries to care proceedings. He regularly acts for parents, intervenors and local authorities alike, which further illustrates his holistic practice. "Guy Swiffen is very good in complex medical cases."
(Legal 500, 2022)
Guy regularly leads webinar and seminars on behalf of Broadway House Chambers’ Children Team. Talks include:
• 2022 so far : latest ABE guidance and recent case law
• ‘Just 17, do you know what it means?”: recent case law
• “Aftermath of B-S : where are we now?”
• “Child abduction and habitual residence : what is the test ?”
• Private law case law update
• The implications of Re R in the post B-S landscape
Expertise
Family
Public Law
In care proceedings he has extensive experience in representing local authorities throughout the North of England in complex proceedings (including against Leading Counsel). He also has a substantial body of work representing parents and other family members (including those with physical and learning disabilities) as well as Guardians and the Official Solicitor. His practise often deals with child fatalities as well as physical, sexual and emotional abuse.
Private Law
In addition he has a substantial practice in all aspects of Private Law Children Work. This includes applications to remove children from the jurisdiction, Child Abduction, and applications for Child Arrangement Orders (including internal relocation). He has extensive experience in making emergency applications (often before High Court Judges) as well as dealing with issues of a jurisdictional complexity.
Notable Cases
Re A ( a child ) ( parental responsibility order ) [2011] AER 48
Circumstances in which the removal of a child from aunt’s interim care was justified
B,C and D children [2010] EWHC 262
Publicity injunction : whether adopters should be notified of application by birth parents to relax injunction. Whether social workers should be named
Re S ( a child ) ( 2010 ) EWCA Civ 1363
Whether the local authority had breached the mother’s Human Rights by the circumstances in which it had removed her child from her care whilst she was in prison
Re A ( contact order ) ( 2010 ) 2FLR 577
Consideration of whether child should have own solicitor instead of representation of interests via a Children’s Guardian : cost element relevant
O –v- N, re B [2003] IUK House of Lords 18 [2003] 1FLR 1169
Correct approach taken by the court where the threshold criteria established but the identity of the perpetrator is uncertain
Re B ( non accidental injury : compelling medical evidence ) [2002] 2FLR 1133
Courts’ approach on determining findings in respect of the threshold criteria and evaluating contradictory medical and lay evidence
Re G [2002] 2FCR 377
Contact orders to be made in care and freeing proceedings
Clerks
