Gillian Irving KC
Call: 1984 | Silk: 2006
Gillian Irving KC
B.A. (Hons), Law
Inner Temple
Family Law Bar Association
Contact
T: 01274 722 560 or 0113 246 2600
Gillian Irving KC practises in public children law, private children law and inquests and public inquiries.
Gillian Irving KC also practises from 15 Winckley Square Chambers in Preston.
Gillian is married to a member of the Bar specialising in criminal law. Interests- anything to do with animals, the countryside, travelling to Italy and horse-racing.
Reputation
Tier One Advocate for Public and Private Law (Legal 500, 2022)
“She is always the best prepared advocate in court, fierce in cross-examination, never intimidated or out manoeuvred by anyone and always at least two steps ahead of everyone else” (Legal 500, 2021)
“A fantastic and formidable advocate” (Legal 500, 2020)
“She is fierce in cross-examination” (Legal 500, 2019)
“Builds on her national reputation in care and Court of Protection work, drawing praise for her strong advocacy and gentle nature with her clients. Expertise:”She is strong-willed, powerful and able to turn a case around”. “Gillian is feisty, and does excellent work with children and vulnerable clients” (Chambers & Partners 2014)
“Singled out for childcare matters… the ‘feisty’ Gillian Irving QC is recommended for childcare work” (Legal 500 UK 2012)
“Excellent in cases involving children and vulnerable clients” (Legal 500 UK 2011)
“Is increasingly in demand for public inquiry work” (Legal 500 UK 2008)
“Gillian Irving is a ‘sensitive’ lawyer perfectly suited to complex mental health cases” (Legal 500 UK 2006)
“… expert Gillian Irving is known for her sensitivity” (Legal 500 UK 2005)
Expertise
(i) Public Children Law
Gillian Irving KC represents local authorities, parents and extended families, and children in the public law arena. She has extensive experience in complex and high-profile High Court children’s cases involving:
a. The death and catastrophic non-accidental injuries to a child.
b. Non-Accidental head injury and allegations of shaking.
c. Fabricated and Induced illness including poisoning, equipment interference.
d. Sexual abuse of children, historic, intergenerational, inter sibling.
e. Radicalisation cases.
f. Many of the cases involve the cross-examination of vulnerable adults or children and involve concurrent criminal proceedings.
Gillian Irving KC sat as a fee paid Judge of the Care Standards Tribunal (Mental Health) between 1998 and 2021 and has an excellent working knowledge of the impact of mental disorders and illness on parenting and children.
g. Cases where the issues include arguments surrounding community care provision and entitlement for children in need.
(ii) Private children Law
Complex private law proceedings involving allegations of physical and emotional neglect, impact of parental mental illness on parenting, allegations of physical and sexual abuse, relocation, contact disputes and change of child’s place of residence.
(iii) Inquests and Public Inquiries
In 1996/1997 she was appointed to represent the patients detained on the Personality Disorder Unit at Ashworth Special Hospital in the second Public Inquiry which related to the security of that Hospital and the treatment of psychopathic disorder. Not only did this necessitate her analysing, digesting and organising vast quantities of documentary material but she sought information and advice from other Hospitals around the country involved in the treatment of those with diagnosis
She represented the Chief Constable of Greater Manchester Police in an Inquiry into the murder of child ‘X’; the perpetrator suffered from mental health problems. The Inquiry was convened under Section 34 of the NHS Executive Health Service Guidelines (94) 27. It looked not only at the circumstances surrounding the murder of the child but explored the roles of a variety of agencies and particularly those involved in the care and treatment of the perpetrator.
In 2017 she represented the mother of Poppi Worthington in the high-profile inquest into the child’s death.
Notable Cases
Re G (Finding of Fact Hearing: Resuscitative Shake) [2022] EWFC B6 (21 January 2022)
Lancashire County Council v E ; F [2020] EWHC 182 (Fam) (04 February 2020) https://www.bailii.org/ew/cases/EWHC/Fam/2020/182.html
A Metropolitan District Council v M & Ors [2019] EWFC 15 (08 March 2019)
GD & BD (Children) (Rev 1) [2016] EWHC 3312 (Fam)
F v Cumbria County Council and M (Fact Finding) (Number 2) [2016] EWHC 14(Fam)
Cumbria County Council v M and Ors [2015] 918 (Fam)
F v Cumbria County Council & Anor (No 6) (Publicity) [2015] EWHC 3228
Cumbria County Council V M & Ors [2014] EWHC 4486 (11/7/2014)
Cumbria County Council v M and F [2014] EWHC 2596 (28/7/2014)
Cumbria County Council v M & Ors [2014] EWHC 4485 (18/12/2014)
J, A, M and X (Children) [2013] EWHC 4648
Re X (A child) [2011] EWHC 430
G v E & Others [2010] EWHC 621
G v E & Others [2010] EWHC 2512
Greater Manchester Chief Constable v KI & Anor (Children) & Ors [2007] EWHC 1837 (Fam)
C v Bury MBC [2002] 2 FLR 868
A Metropolitan Borough Council v DB [1997] 1 FLR 767
R v Devon County Council ex-parte O (Adoption) [1997] 2 FLR 388
Stockport MBC v D [1995] 1 FLR 873
Manchester City Council v S [1991] 2 FLR 370
COURT OF APPEAL (Civil Division)
Re S and H-S (children) [2018] EWCA Civ 1282
Re W (children) [2016] EWCA Civ 113
Re P (A Child) [2015] EWCA Civ 170
CM V Blackburn with Darwen Borough Council [2014] EWCA Civ 1479
G v E & Others [2010] EWCA Civ 822
CJ v Flintshire Borough Council [2010] EWCA Civ 393
Re CH (Care or Interim Care Order) [1998] 1 FLR 402
Re B (Care and Supervision Order: Assessment) [1996] 2 FLR 708
Re C (Interim Care Order: Assessment) [1996] 2 FLR 708
SUPREME COURT
Re L & B (Children) [2013] UKSC 8
Re C (Interim care order: Residential Assessment) [1996] UKHL4
UPPER TRIBUNAL
MD v Mersey Care NHS Trust [2013] UKUT 127 (AAC)
MD v Nottinghamshire Health Care NHS Trust (Rev 1) [2010] UKUT 59 (AAC)
INQUIRIES
The Inquiry into the Personality Disorder Unit at Ashworth Special Hospital 1996–1997
The Inquiry into the death of child ‘X’ 2005/2006
Clerks
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
Zira Hussain
Call: 1998
Zira Hussain
LLB (Hons ) Law
Legal Aid Supplier Number 305RU
Contact
T: 01274 722 560 or 0113 246 2600
Zira has practised exclusively in family law for over 20 years and has extensive court experience. Her areas of practice are private and public law children, financial remedies, domestic abuse, forced marriage and honour based violence.
Zira is a fearless, tenacious, conscientious and hardworking barrister. She is known as a fighter and is a strong advocate. She is renowned for her thorough preparation and detailed knowledge of case papers. She combines strong client care skills with robust and effective advocacy. Zira has a reputation for always going the extra mile.
Reputation
Zira was nominated by the Legal Services Commission for inclusion in the prestigious Muslim Women Power List 2009. The list was run and devised by the Equalities and Human Rights Commission in partnership with The Times to commend achievements of Muslim women at the top of their profession or on their way to the top and aimed to highlight their contribution to the socio-economic society.
Zira was also nominated for the European Muslim Women of Influence List 2010. Finalists were announced at a gala event in Spain which tied in with the EU Presidency.
Zira has featured in her former university’s marketing and promotional materials. Recently, Zira was featured in the Eastern Eye as an inspirational woman. Zira has also featured in a digital magazine as an empowered woman.
Zira is ranked in the Legal 500 2024 which states:‘Zira is utterly unflappable. She is a stalwart advocate who remains self assured in court’
‘Zira has an exceptional grasp of the facts in a case. Her advocacy is conducted with meticulous preparation’
‘The tenacious Zira Hussain has experience in advising on pre – nuptial agreements’
Zira has been ranked in the Legal 500 Tier 1 (Top Tier) for 2018 and 2019
2018 “ She has a great bedside manner with clients”
2019 “ Very enthusiastic and a dynamic cross examiner”
Zira was shortlisted for the Family Law Award at the Yorkshire Legal awards 2021.
Zira was shortlisted for the Family Law Award for the second year running at the Yorkshire Legal Awards 2022. The Yorkshire Legal Awards is the pinnacle of professional excellence, showcasing the best and brightest lawyers, practices and firms the region has to offer.
Zira won the Family Law Award at the Yorkshire Legal Awards 2022.
Zira was also shortlisted at the prestigious Lexis Nexis Family Law Awards 2022 in the category of Family Law Junior Barrister of the Year. The Family Law Awards have firmly established themselves as a highly prestigious event, celebrating the success and achievements of family lawyers and the vital contribution that they make to society.
Zira also accepts instructions to sit as a Private FDR Judge.
Expertise
Private Law Children
Zira has extensive experience in conducting hearings relating to all aspects of private law children proceedings including child arrangements orders, prohibited steps orders and specific issue orders. Zira represents mothers, fathers, grandparents and other family members. Zira also represents children through their Guardian ad Litem. Zira has a particular interest in applications for leave to remove children from the jurisdiction and applications under the Hague Convention.
Zira has been involved in cases involving complex cultural and jurisdictional issues. She has conducted lengthy finding of fact hearings in these cases. Zira is sought after counsel for findings of fact hearings due to her dynamic cross examination skills. Zira has interest in cases involving religious upbringing of children. She was led by Queens Counsel in a complex case where the court was being asked to determine the religious upbringing of a child Re N (A Child: Religion: Jehovah’s Witness) 2011 EWHC 3737
Public Law Children
Zira has vast experience in complex and difficult public law cases. She represents local authorities, parents, Children’s Guardians and extended family members at all court levels. Zira has a detailed knowledge of the children and adoption legislation and associated case law. She has been instructed in proceedings involving the most serious types of non accidental injuries, neglect, physical, emotional and sexual abuse. Zira is well respected for the quality of her court performance and robust advocacy where necessary.
Zira has interest and experience in matters involving complex medical evidence, mental health issues, problems associated with addiction and cognitive impairment. Zira has experience of acting for those with complex psychiatric issues. She is known for her ability to engage those with complex problems and her commitment to ensuring their rights are properly recognised. She remains committed to representing the most vulnerable. Zira’s approach to vulnerable clients is always sympathetic and sensitive.
Zira has experience advising and representing parties in applications involving children giving evidence. She is also experienced in cross examining children and vulnerable witnesses. Zira has significant experience in cross examining expert witnesses including psychiatrists and psychologists.
Financial Remedies
Zira undertakes all types of work relating to resolving financial issues between divorcing couples. She represents husband, wives and intervenors in proceedings in the Family Court and the High Court.
Zira has experience in dealing with straightforward to complex financial remedy cases including applications under s37 Matrimonial Causes Act 1973, third parties claiming beneficial interests in matrimonial assets, land and foreign property and maintenance pending suit applications.
Zira has experience of dealing with cases involving variation and capitalisation of maintenance, applications to set aside consent orders, appeals in financial remedy proceedings and applications under Schedule 1 of the Children Act 1989. Zira has experience in cases involving consideration and drafting of pre nuptial agreements. She was instructed to draft a pre nuptial agreement for a premier league professional footballer.
Zira is well placed due to her experience in the field of private law children matters to deal with those cases where issues of child arrangements are tied up with the issue of what orders the court should make in respect of the former matrimonial home.
Zira welcomes instructions at the early stages of the proceedings and would wish to see a case through from the First Directions Appointment to Final Hearing in order to provide informed and focused representation at every stage in the proceedings. She will advise realistically, practically and negotiate a settlement where it is in her client’s interests to do so. She will always advise on commerciality of proceedings
Domestic Abuse
Zira is renowned for her experience in the area of domestic abuse. She has the ability to deal with complex and serious domestic abuse cases. Zira represents both alleged victims and alleged perpetrators of such abuse and has conducted lengthy findings of fact hearings. Zira has extensive experience of applications under the Family Law Act 1996 including contested non molestation orders and occupation orders. Zira is known for her meticulous preparation and being able to quickly and expertly get to the core of the dispute and ensure her client receives the best and most robust representation.
Outside of work Zira has chaired a workshop which investigated the experiences of BAME women in accessing legal aid in domestic abuse cases. The ultimate aim of the consultation was to influence proposed legal aid reforms and gather ideas to improve access to legal aid and access to information. The consultation resulted in the publication of a national report titled “ Report on Black, Asian and Minority Ethnic (BAME) Women, Domestic Abuse and Access to Legal Aid”
Forced Marriage and Female Genital Mutilation
Zira has particular interest in applications for forced marriage protection orders and female genital mutilation orders having advised and represented local authorities and the police in making applications as well as representing respondents to such applications.
Notable Cases
Re N ( A Child: Religion: Jehovah’s Witness) 2011 EWHC 3737
Clerks
Joanne O’Shea
Call: 2000
Joanne O’Shea
Middle Temple
FLBA
Direct Access
Accredited Mediator
Vulnerable Witness Trained
Legal Aid Supplier Number 942MD
Contact
T: 01274 722 560 or 0113 246 2600
Joanne O’Shea practises exclusively in Family Law.
Joanne is an experienced family practitioner who is regularly instructed in cases of considerable complexity covering the full spectrum of Children Act proceedings where she represents parents/ grandparents and guardians ad litem. Joanne has specialised in Children Act proceedings for over 15 years and has an insightful and sensitive approach while robustly representing her clients to achieve the best outcomes.
There is a frequent overlap between Children Act and criminal proceedings where Joanne’s previous practice in crime gives her further insight and advantage.
Joanne is a well-respected member of the Family Team at Broadway House Chambers; she has extensive and broad experience in terms of her legal knowledge and client care.
Joanne’s experience as a practitioner enables her to be incisive, practical and pragmatic in order to resolve cases effectively for clients including resolving matters by way of agreed orders with represented and non-represented parties.
Joanne is registered with the Bar Council to undertake direct access work.
Reputation
Joanne hosts seminars for Broadway House Chambers. Joanne speaks at the Family Law Annual Conference and discusses care and private children in the family law webinar series. Seminars have included but are not limited to:
• Children Act Updates
• Private Law: Parental Alienation from a Practitioner’s Perspective
• Role of courts and social workers in care proceedings; role of Official Solicitor
Client testimonials:
“Joanne was amazing, she really is a talented barrister, and so considerate and easy to work with. I really appreciated working with her.”
“Client over the moon with the outcome.”
“Joanne was amazing and achieved everything I wanted.”
“Thorough and searching in cross examination whilst being tactful and sensitive.”
Expertise
Private Law
Joanne has a wealth of experience in representing parents and children in all private law matters at all court levels ranging from s8/Child arrangement orders, internal and international relocation cases, same sex parent cases, to complex multi- party fact find cases where alienation and fabricated sexual abuse allegations feature.
Public Law
Joanne undertakes a wide range of Public Law work; she represents parents and children at all levels including at High Court and Court of Appeal. She has a wide range of experience in all key areas which include FGM, inflicted injuries and neglect cases. She has also conducted public law proceedings through the Official Solicitor.
Notable Cases
Wakefield (2023)
Child Arrangement Order application by father. Representing father. Mother opposed father’s application for shared care on basis of child’s young age, her primary relationship with the child and the low level of contact agreed to date by mother. Both parents local to one another. Shared care highly workable and no welfare issues. Justices made shared care order made.
Newcastle (2023)
Enforcement/ CAO application by father. Representing mother. Father acted as a litigant in person. Resolved orders by agreement.
York (2023)
Enforcement/ Child arrangement application by father. Representing mother. Father acted as litigant in person. Resolved matters by agreement at first hearing.
Scarborough (2023)
Child arrangement application by father. Finding of fact hearing listed. Findings made against father. Father completed DAPP. Mother psychologically assessed as traumatised by father’s conduct. Mother needed very specific therapy before being able to consider or manage contact between father and child. No contact recommended including indirect. Father’s application for contact dismissed.
Multi day final hearing, York Circuit Judge (2022)
North American parents. Representing mother. Mother residing in UK and father in North America. Father applied for child arrangements in which he sought that the complex and multifaceted terms of the agreed non-UK contact order (now was some years old) be adopted in their entirety by the court in England and Wales. Court refused this. It case managed the matter by directing a s7 report and made an order based on the welfare checklist and the current interests of the child. Key was the child’s age, their educational status and also independently reported maturity. Parents agreed that some elements of the non UK order were integrated in the order but the key schedule for contact with father and when they visit him abroad was driven by the child.
Multi day Fact Find Lincoln (2022)
Represented father where mother had alleged domestic abusive in terms of coercive control, excessive drinking, over chastisement of the children and rape. No findings made of the above. Ultimate outcome was that father’s unsupervised contact was restored with an order for overnights in term time and holiday contact.
Relocation Case, Middlesbrough (2021)
Multi day hearing. Representing father where Mother’s application was to relocate with children from Teesside to Home Counties. Shared care already in place for children in Teesside. Application refused on basis of ages of children, their wishes and feelings, disruption/harm caused by the proposed move and the need to maintain a close and consistent relationship with both parents. Term time contact, if the children moved, would be insufficient to maintain relationship with father and would have detrimental effect on the children. Concern that children may become resentful of frequent travel and contact arrangements to Teesside. Shared care order continued.
Clerks
Helen Williams
Call: 2000
Helen Williams
LLB Hons
Inner Temple
Legal Aid Supplier Number 547EL
Contact
T: 01274 722 560 or 0113 246 2600
Helen is a specialist in both public law and private children law. Helen is known for being ‘down to earth’ and ‘pragmatic’ and is highly sought after by local solicitors.
Reputation
Helen presents seminars on behalf of the Family Team including training the local authority on various public law matters.
Expertise
Family
Public Law
Helen has a particular interest in representing respondent parents and the child. Helen has expertise in working with vulnerable adults and children.
Private Children
Helen deals with all aspects of private law children cases including those where there are significant welfare issues.
Clerks
Semaab Shaikh
Call: 2002
Semaab Shaikh
LL.B (Hons), University of Birmingham (1999)
LL.M, Comparative, European & Public Law,
University of Birmingham (2000)
Lincoln’s Inn
Legal Aid Supplier Number 835PA
Contact
T: 01274 722 560 or 0113 246 2600
Semaab Shaikh was called to the Bar in 2002 (Lincolns Inn) and completed her pupillage at Cloisters in London. Prior to coming to the Bar she was employed as a legal adviser and support worker for a domestic violence organisation in the North of England.
She practises in the area of Family Law. Semaab is a highly-rated barrister who since 2010 has been regularly recommended by the Legal 500 for her specialist knowledge and ability to represent clients in the most difficult situations. As an experienced family law barrister she specialises in all aspects of private and public children law; radicalisation cases; domestic abuse; removal from the jurisdiction; international child abduction, forced marriage and female genital mutilation. Semaab appears on behalf of parents, local authorities and children. She has been involved in high profile cases that have attracted local and national media interest. She has a strong interest in the area of forced marriage and cases with an international element.
In addition to her practice, Semaab provides training on children law, domestic abuse, deprivation of liberty, forced marriage, female genital mutilation, the interplay between family law and immigration law and related areas. In November 2018 she provided training on gender based violence as part of the Hong Kong Justice Centre’s annual symposium held at the University of Hong Kong.
From 2008 to 2014 Semaab was appointed to the Bar Council’s Equality and Diversity Committee. In 2018 she was invited to sit on the Advisory Board of the School of Law of the University of Bradford.
Other languages:
Urdu
Reputation
Legal 500 2018
“She has particular expertise in forced marriage cases”
Legal 500 2017
“She fights her corner and is very good on her feet”
Legal 500 2015
“Demonstrates impressive knowledge of the complexities of children and domestic abuse issues”
Legal 500 2014
“In addition to her childcare work, she is experienced in forced marriage cases”
Legal 500 2013
“Has a comprehensive understanding of children law and domestic abuse matters”
Legal 500 2012
“Totally professional and reliable”
Legal 500 2010
“Approachable, very thorough – one step ahead”
Expertise
Family
Semaab is a highly rated barrister and established family law practitioner. She has provided advice and representation from first instance to Court of Appeal level and has experience of making an application to the High Court for permission to “leapfrog” to the Supreme Court. She regularly represents and advises individuals, local authorities and children’s guardians in cases involving the following:
Private children disputes, including where allegations of serious domestic abuse have been raised and in relation to contact, living arrangements, education, temporary and permanent removal from the jurisdiction Public law proceedings , including care and placement order proceedings Adoption Child Abduction, Wardship and applications under the Inherent Jurisdiction Forced Marriage Female Genital Mutilation Cases with an international element Human Rights Act 1998 * Applications under the Family Law Act 1996
Children (Public Law)
In relation to public law care proceedings Semaab has been instructed in cases involving the death of a child, serious non-accidental injuries, sexual abuse (including grooming cases and inter-sibling abuse), factitious illness syndrome and parents with serious drug and alcohol addictions. She has particular experience in advising and representing parties in applications in respect of children giving evidence in family cases and is experienced in cross-examining children and vulnerable witnesses.
Cases of Interest:
Led in a case before Holman J representing a child complainant where allegations of inter-sibling sexual abuse had been made and were successfully proven
Instructed to represent a step-father facing serious allegations of sexual, physical and emotional abuse of children; requiring cross-examination of the eldest child complainant
Advised and represented a local authority in two separate cases seeking and obtaining forced marriage protection orders in respect of victims outside the jurisdiction
Represented a local authority in a case in which children were at risk of significant harm due to the risk of removal by the parents to ISIL controlled areas
Instructed in a case in which the local authority had concerns that a teenage child had been groomed by a paedophile ring and was being sexually exploited
Instructed and led in a case representing a foreign national mother and a “stranded spouse” abroad. At the conclusion of the case, successfully persuaded the local authority to assist the mother in returning to the jurisdiction enabling her to care for the children.
Children (Private Law)
Semaab has in depth knowledge of private children law cases in which domestic abuse has been raised. She has a particular interest in private children law cases with an international element. She has experience of representing vulnerable parties and parents with serious drug and alcohol addictions.
Cases of Interest:
Represented a high profile individual in the entertainment industry facing allegations of serious illicit substance misuse and at the final hearing secured extensive unsupervised contact ;
Instructed to represent a mother with limited leave to remain in the UK where her dual national child had been left in the care of his extended paternal family abroad;
Represented a mother in wardship proceedings , lengthy private law proceedings and public law proceedings. The case concerned complex and protracted proceedings with an international element and the unusual feature of two siblings each living with one parent and for a period of time having no contact with the other sibling or parent.
Notable Cases
BMDC v P [2019]
Represented a child complainant where allegations of inter-sibling sexual abuse had been made and were proven.
BMDC v A [2018]
Instructed to represent a step-father facing serious allegations of sexual, physical and emotional abuse of children; requiring cross-examination of the eldest child complainant.
LCC v VM [2014]
Instructed in a public children law case in which the local authority had concerns that a teenage child had been groomed by a paedophile ring and was being sexually exploited.
LCC v Y [2016]; LCC v N [2016]
Advised and represented the local authority in two separate cases seeking and obtaining forced marriage protection orders in respect of victims outside the jurisdiction.
LA v A [2015]
Represented a local authority in a case in which children were at risk of significant harm due to the risk of removal by the parents to ISIL controlled areas.
BMDC v SK [2014]
Instructed and led in a case representing a foreign national mother stranded abroad and the initial plan for the children was to remain in long-term foster care. At the conclusion of the case, successfully persuaded the local authority to assist the mother in returning to the jurisdiction enabling her to care for the children.
LCC v SB [2019]
Instructed and advised in a case representing a foreign national mother abroad with children in foster care in England. The children’s father was a British national but was deceased. The local authority undertook assessments through CFAB and were persuaded to assist the mother in coming to the UK for the purposes of a further assessment.
HC (A Minor Deprivation of Liberty) [2018] EWHC 2961 (Fam)
Represented the local authority in an application for determination as to whether a placement of a 13 year old child constituted a deprivation of liberty and in the event it did for the Court to grant declaratory relief under its inherent jurisdiction.
Clerks
Sharn Samra
Call: 2002
Sharn Samra
LL.B. (Hons)(London School of Economics), 2:1
Bar Vocational Course (2002), Very Competent
Member of Lincoln’s Inn
Recorder of the Family Court (North Eastern Circuit)
Recorder of the Financial Remedies Court (North Eastern Circuit)
Deputy District Judge (Civil and Private Children: North Eastern Circuit)
Member of FLBA
Legal Aid Supplier Number 162YG
Contact
T: 01274 722 560 or 0113 246 2600
Sharn is a family law specialist and has developed a strong reputation across all areas of her practise during 20 years at the Bar. She is a formidable advocate who is known for both her meticulous case preparation and personable manner.
Reputation
Sharn regularly presents seminars to lawyers and non-lawyers both regionally and nationally. Recent presentations include: The Domestic Abuse Act 2021 and Fact-Finding Hearings within Public Law Proceedings.
Expertise
Family Law
Within financial remedy proceedings, Sharn is particularly renowned for her ability to grapple with complex finances and has considerable experience in multi-party cases involving third party interests and bankruptcy matters.
In public law cases, Sharn acts on behalf of all parties at all levels of the Family Court, including regular representation of Local Authorities. She has significant experience in cases involving an international element including forced marriage cases.
Within private law cases, Sharn has a long standing interest in cases involving domestic abuse and is known for her sensitivity in representing vulnerable parties for which she has undertaken specialist training.
Notable Cases
X v. Y [2022]: Sharn successfully represented a Mother within private law proceedings at a 5 day finding of fact hearing, securing all findings as sought in respect of domestic abuse against the Father. There was a central element of controlling and coercive behaviour. Special measures were sought on the Mother’s behalf and the issues highlighted in Re H-N were addressed.
A Local Authority v. S v. S v. S [2021]: Sharn represented the LA in respect of its application for a forced marriage protection order. Sharn provided ongoing advice and representation during the proceedings on issues of: habitual residence, jurisdiction and care planning. A forced marriage protection order was made at the conclusion of the proceedings and a transfer of jurisdiction to Romania.
A Local Authority v. X (A Mother) & Ors [2020] EWFC B7:Sharn represented the LA in its application for care and placement orders and was successfully able to persuade the court that deemed service could be granted in circumstances where direct personal service on the parents had not been possible.
A Local Authority v. B v. E v. E [2020]: Application for care and placement orders lasting over 2 years. Sharn represented the child throughout. The mother had a learning disability, requiring an interpreter and an intermediary. Listed for an 11 day hybrid final hearing in November 2020; care and placement orders made.
DS v. LS v. JS [2019]: Successful private law appeal on behalf of a grandmother against the decision of lay magistrates within private law proceedings. The case concerned an 8 year old who had lived with his grandmother for the majority of his life. The appeal was allowed and the case remitted with CAFCASS being invited to allocate a new officer; child stayed with grandmother.
Clerks
Rachel Mellor
Call: 2004
Rachel Mellor
LL.B (Hons)
LL.M, Human Rights Law
Lincoln’s Inn
Attorney General’s Regional Panel A
Recorder
Fee-paid Employment Judge
Chambers & Partners
Legal Aid Supplier Number 181HG
Contact
T: 01274 722 560 or 0113 246 2600
Rachel Mellor is an integral part of Broadway House Chambers’ Employment Law and Family Law Teams. Formerly a freelance advocate on the Midland and Western Circuits, she is a respected barrister who is a popular choice in cases involving complex areas of law.
Reputation
‘Rachel Mellor is a distinguished advocate who is highlighted for her handling of a range of employment cases including those concerning discrimination and unfair dismissal. She is friendly, professional and able to provide advice on complex subjects.A seasoned discrimination specialist."
(Chambers and Partners, 2023)
‘Rachel Mellor is a distinguished advocate who is highlighted for her handling of a range of employment cases including those concerning discrimination and unfair dismissal. She is recognised for her ability to draw from her human rights law knowledge. She is a very impressive barrister: confident and professional with clients and a strong advocate in hearings'
(Chambers and Partners, 2022)
Rachel is a member of the Attorney General Regional Panel as Panel A Counsel.
Rachel Mellor is a fee-paid Employment Judge of the Employment Tribunals (England and Wales), assigned to the North West Region (part-time).
Rachel is also a Recorder assigned to sit on the North Eastern Circuit dealing with family cases (part-time).
Rachel delivers webinars and seminars on behalf of Broadway House Chambers’ Family Law and Employment Law Teams. Recent seminars include:
Employment Law
- Breakfast @ Broadway – A monthly Employment Law Update
- Equality Act 2010 (2019)
- Annual Conferences:
- Employment Law- Privilege (2019)
- Employment Law- Continuity of Employment and the Impact of Furlough (2020)
- Interim Relief (2021)
Family Law
- Unregulated Placements - Public Law Children(2020)
- Adoption and Children (Coronavirus)(Amendment) Regulations (2020)
Expertise
Family
Rachel has practised family law since she joined Chambers in 2006 during which time she has built up extensive experience. For the last 5 years Rachel has specialised in Public Law proceedings and regularly receives instructions on behalf of Local Authorities, parents and children. Rachel has an understanding of the different needs of clients and tailors her approach accordingly; she is acutely aware that many parents are vulnerable, often with their own particular needs who require additional support. She welcomes the opportunity to meet with clients in advance of forthcoming hearings.
She appears at all levels of the Family Court and conducts cases ranging from neglect cases to complex cases involving multiple experts including inflicted injuries, child sex exploitation and sex abuse and removal from the jurisdiction.
In addition to her advocacy experience Rachel undertakes advisory work and is more than happy to assist with any drafting such as Part 25 applications or Human Rights claims for example in misuse of section 20 agreements.
Rachel also, along with the rest of the Broadway House Family Team, provides CPD training and delivers seminars both at the Annual Family Conference and in house at Solicitors’ offices.
Employment
Rachel has practised employment law since she joined Chambers in 2006 and has consequently built up varied and extensive experience this is reflected in her appointment to the Attorney General’s Panel of Counsel (employment law) in 2012. Representing both claimants and respondents in the Employment Tribunal she is regularly instructed on matters ranging from unfair dismissal to discrimination, parental rights, breach of contract and redundancy. Rachel has an interest in discrimination claims in particular disability and sex discrimination and has received instructions from wide ranging clients in these areas from individual claimant’s to public bodies such as NHS England, Local Government and schools.
As well as her advocacy experience Rachel undertakes advisory and drafting work including pre action and settlement agreements.
Along with the rest of Broadway House Employment Team she also provides CPD seminars and other training including mock tribunals which can be tailored towards both lawyers or non lawyers such as HR staff.
Notable Cases
Cyprien v Bradford Grammar School [2013] UKEAT 0306_12_1503
Disability discrimination – exclusions/jurisdiction – Jurisdictional points – claim in time – effective date of termination – negligent omissions of employer – application of principle in Mateuszowicz v Kingston upon Hull City Council – extension of time – whether just and equitable to extend time.
Clerks
Kiran Dhillon
Call: 2005
Kiran Dhillon
LL.B (Hons), King’s College, London (2004)
LL.M University College, London (2006)
Neville Laski Scholarship, Inner Temple (2006)
Inner Temple
Legal Aid Supplier Number 217XJ
Contact
T: 01274 722 560 or 0113 246 2600
Kiran Dhillon previously practised in London and joined chambers in 2012. Since then, she has built up a strong practice in the following areas: Family and Civil law.
Reputation
Kiran is fluent in Punjabi.
Expertise
Family
Kiran Dhillon has established a busy practice in this field. She accepts instructions in private and public law Children Act 1989 matters and has experience in representing parents and Local Authorities in cases of considerable complexity. Kiran can be relied upon to combine frank yet sensitive advice in Children Act matters, as well as in cases where injunctive relief is sought. She is a robust advocate.
Civil
Kiran Dhillon has considerable expertise in civil litigation. Regularly instructed on fast and multi-track cases. Her practice covers both Claimant and Defendant work. Her attention to detail is consistently noted.
- Personal Injury law: cases ranging from employer’s liability and workplace injuries to road traffic accidents and infant approvals. She has been briefed in cases involving singular as well as multiple injuries and is often asked to advise on complex issues on liability and quantum. Kiran can be relied upon to produce high-quality statements of case and aims to complete paper briefs within 14 days of receipt.
- Medical Negligence: advises on prospects of success; drafts concise statements of case and aims to complete within 14 days of receipt of instructions.
- Breach of contract: examples of work- breach of restrictive covenants; payment of debt; consumer and commercial contracts. Has appeared in the Court of Appeal in a breach of contract matter.
- Costs: precedent cost budgets; advises on costs in general.
- Housing: regularly instructed in possession proceedings; acts both for tenants and landlords.
- Property: landlord and tenant disputes e.g. disrepair, possession, leases, freeholds, boundary disputes, easements etc.
Notable Cases
Represented a vulnerable young mother with mental health difficulties before the President of the Family Division, who referred to her as being “very capable”.
Represented a Local Authority in a baby shaking case, which resulted in multiple injuries, including retinal haemorrhages.
Represented a Mother accused of intentionally burning her young daughter.
Advised a Local Authority on jurisdiction- specifically on BAII not applying where there was a placement order application.
Represented a Father in prolonged private law proceedings (high level of adult conflict), which resulted in a transfer of residence in his favour.
Clerks
Emily Ward
Call: 2011 - Deputy Head of the Family LawTeam
Emily Ward
LL.B (Hons) University of Manchester (2010, First Class) (six prizes)
Bar Professional Training Course (2011)
Middle Temple, Godfrey Heilpern Scholar
Deputy District Judge (2019) - Civil, Public & Private Children, and Financial Remedies
Arbitrator
Farquhar Committee Member
Transparency Implementation Group Member
Resolution FLBA
Secretary of Regional FLBA (Yorkshire & Humber)
Women in Law
International Association of Women Judges
Contact
T: 01274 722 560 or 0113 246 2600
Emily is Deputy Head of the Family Team and has a strong, busy practice both on and off the North Eastern Circuit. She is a particularly sought after in matrimonial finance and cohabitation disputes, as well as complex children cases. Emily is consistently recognised as a leading junior in family law in the Legal 500 and Chambers & Partners. She has a keen eye for detail and quickly grasps the key issues in the case.
Emily is also a member of Broadway House Chambers’ Business, Property & Probate Team, and acts in cases where there is a cross-over in jurisdictions and issues.
Emily was appointed as a Deputy District Judge in 2019, at the age of 30, and she holds children (public and private law), civil and financial remedy tickets.
Keen on all forms of alternative dispute resolution, Emily is instructed to act for clients at round table meetings, mediations, private FDRs and early neutral evaluations, as well as arbitrations. She also acts as a Private FDR practitioner/evaluator in financial remedy, Schedule 1 and TOLATA cases, offering her assistance from an neutral perspective with the aim of assisting parties to reach a swift resolution to their disputes.
Emily frequently delivers CPD accredited seminars to groups of lawyers, and is regularly approached to conduct bespoke training in her areas of expertise. She is published in the Family Law Journal, is a case reviewer for Nagalro, Seen & Heard Journal, and has recently taken up the position of Blog Editor of the Financial Remedies Journal. Emily is a published author, being responsible for chapters in both ‘Cohabitation: Law, Practice and Precedents’ and ‘Butterworths Family Law Service’.
Able to accept instructions under the Direct Access scheme, Emily can also provide advice and representation direct to the public.
Reputation
• Author contributor of the leading text ‘Cohabitation: Law, Practice and Precedents’.
• Author contributor of two chapters in Butterworths Family Law Service.
• Lectures for Resolution, FLBA and the Judicial College, as well as for solicitors/lawyers.
• Blog Editor and a member of the Financial Remedies Journal Editorial Board.
• Multiple publications in Family Law Journal.
• Case reviewer for Nagalro.
• Consistently recommended as a Leading Junior in the legal directories since 2017:
‘A high quality junior.’ ‘She is a highly skilled advocate, knowledgeable, and clients like her down-to-earth manner and caring approach.’ ‘Emily is an outstanding advocate who is also fantastic with clients. She always goes the extra mile and works very hard on her written work.’ (2022)
‘A very talented junior, with an extremely bright future. She is a calm and measured advocate, who presents her clients' cases in a strong and persuasive manner. ’ (2022)
‘She punches well above her weight and is not afraid to tackle very complex cases and holds her own against senior opponents. Good knowledge of the law, very down to earth with clients, easy to contact with instructions provides excellent feedback on how a case has progressed or settled in court proceedings. Strong advocate.’ (2021)
‘She's superb - she's got a brain the size of Britain! She has worked on some complex cases where the chances of winning would be slim but pulled off some good results.’ ‘She is very down to earth and can put a client at ease within minutes. She's good at delivering difficult advice clearly.’ ‘She's just an all-round great performer and wise beyond her years.’ (2021)
‘She holds her own against far more senior opponents.’ (2020)
‘A rising star whose expertise spans a range of family law matters, with a focus on matrimonial finance and child-related cases. She represents parents and local authorities in various care proceedings which often involve complex medical evidence.’ ‘She is an exceptional advocate with a great eye for detail who consistently impresses with her representation in both financial and children proceedings.’ ‘She offers great client care and is fearless.’ (2020)
Expertise
Financial Remedy & Schedule 1
Emily is an established matrimonial finance specialist and is highly sought after in financial remedy and schedule 1 cases. She acts for clients from pre-issue, where focus is primarily upon strategy, settlement and advice as to evidence, through to final hearings and on appeal. Her case load comprises high net worth clients with large incomes and substantial capital, business, trust assets and/or extensive pension provision, as well as difficult cases where needs exceed the available assets.
Emily is experienced in advising in cases where the issues include pre-acquired wealth, inheritance, complex business and trust structures, liquidity issues and nuptial agreements. She is also often approached to advise in cases where there have been substantial personal injury awards. Her recent and current cases include:
• Advising in relation to a substantial discretionary family trust, created after a lottery win (+£9m).
• Representation of a party with significant company assets, including a limited company valuation of £5.9m.
• Securing findings of undisclosed assets and foreign income in China. Complex issues concerning jurisdiction and enforcement.
• Advising and drafting pre-nuptial agreement in a high value case with assets in the UK, Russia, Germany, Austria and Iran.
• Currently instructed in a case where assets exceed £12m.
Private Children
In addition, Emily’s family practice encompasses all areas Private Children Law. She advises and represents clients in a wide range of applications, and she is a favourite in cases involving intractable contact disputes, implacable hostility and vulnerable individuals. She is frequently praised for her sensitive yet sensible approach with clients. Recognised for her sensitive approach, Emily has dealt with a significant number of cases in which there has been a parent death or terminal diagnosis of a parent.
Emily also represents clients in cases involving domestic abuse, including coercive and controlling behaviour allegations and also cases where false allegations of abuse against parents and/or children have been made.
Her latest children cases include:
• Representation of a parent at a finding of fact hearing concerning multiple serious allegations of physical, psychological, emotional and sexual abuse against the resident parent and the children, including multiple rape and GBH.
• Representing two professional people at multi-day fact findings hearings in which allegations of coercive and controlling behaviour were found proved.
• Acting for a parent in a case where false allegations of sexual abuse were made against him, and found after trial to have been fabricated by the other parent.
• Acting for grandparents in a case where their son had been killed, contact with grandchildren stopped by the other parent and allegations of sexual abuse made against one of the grandparents. Findings of fabrication were made and contact was reinstated.
Civil
Emily’s civil law practice incorporates a range of matters, including land and trust disputes (to which she brings extensive legal knowledge from her authorship and editorship in leading practitioner cohabitation texts), Inheritance (Provision for Family and Dependents) Act 1975 claims, and bankruptcy and insolvency in a family law context.
Given her family law practice, Emily has particular specialism in civil and chancery matters with a family element, including advising in professional negligence issues stemming from family law proceedings/advice and land and trust disputes in a family setting.
Emily’s recent cases include:
• Acting for a client resisting an application to annul his bankruptcy petition. Linked financial remedy proceedings.
• Representing an intervener in civil proceedings (the family proceedings having been stayed pending the outcome of the civil dispute) concerning various property transactions and arguments as to beneficial interests in property.
• Currently instructed in two cross-over cases where issues of financial remedy and probate collide.
• Currently instructed in five farming cases, which include partnership disputes and third party property rights.
Notable Cases
Re W [2016] EWCA Civ 793 (July 2016) – Representation of grandparents on pro-bono basis unled against three silks. Important and leading case in relation to adoption.
Re W (Adoption – Contact) [2016] EWHC 3118 (Fam) – Re-hearing of Re W (below). Appeared against a silk unled.
Re W [2016] EWHC 2437 (Fam) - First instance contested adoption case.
IC v RC [2020] EWHC 2997 (Fam) – Important case in relation to the slip rule and legal principles associated thereto.
SH (A Child) [2020] EWHC 1510 (Fam)
O v O (2020): Finding of fact hearing in private children proceedings where Emily’s client was accused of sexually abusing his step-daughter over a prolonged period of time. Careful consideration and handling of the child witness was required taking account of advocates toolkits and special measures.
W v W (2021): Representation of the respondent in high value and complex financial remedy proceedings in a civil partnership dispute. Significant issues in the case included the respondent’s: (i) substantial pre-acquired assets; (ii) the respondent’s interest in a by-pass trust (c.£1M); (iii) significant inherited assets; (iv) shareholding in a company with a value of £16.6M; and, (v) interest in a newly incorporated company. Expert evidence was required, including in relation to the impact of Covid-19 and extraction of funds for the settlement. The added complication in this case was the short length of the marriage, but also the applicant’s health needs and the potential for ongoing spousal maintenance payable by the respondent. Case settled on a clean break basis, which excluded the majority of the pre-acquired assets.
F v M (2021): Representation of a father contested jurisdiction proceedings in the High Court. The final hearing, which ran over four days, involved complex issues of fact, with multiple witnesses giving evidence from different countries, and complex issues of law (including Qatari law) were considered.
Clerks
Kerry Barker
Call: 2013 (Solicitor 2003)
Kerry Barker
B.A. (Hons), Law & Business (1998)
Admitted as a Solicitor (2003)
Lincoln’s Inn
Legal Aid Supplier Number 02CXW
Contact
T: 01274 722 560 or 0113 246 2600
Kerry Barker is a barrister who specialises in Family Law. Having previously qualified as a solicitor in 2003, Kerry practices exclusively in this area and represents clients in private law, public law and financial remedy matters. As a solicitor Kerry was a member of the Law Society’s Children Panel and also held her higher court advocacy rights; recognising her position as an experienced solicitor-advocate.
Since Kerry joined Broadway House Chambers’ highly-rated Family Law Team in March 2013 she has developed a busy practice exclusively in family law. As a family law specialist for over 15 years Kerry has built up extensive knowledge in all areas of family law.
Kerry is well known for providing clients with realistic and sensible advice at all stages of proceedings and for conducting hearings in a measured manner. Kerry’s friendly and approachable manner make her a popular choice for vulnerable clients.
“You are a star Kerry. Your thoroughness and attention to detail is appreciated.”
(Bradford Solicitor)
Kerry has considerable experience of cases involving different cultures, which often require an interpreter.
Kerry is able to accept instructions under the Direct Access Scheme.
Reputation
Expertise
Family
Public Law
Kerry acts for clients in difficult and complex cases involving non-accidental injuries, sexual abuse, domestic violence and mental health aspects, and is known for her high competence and thoroughness as an advocate in very sensitive matters at every level in the unified family jurisdiction. Kerry is also instructed by Local Authorities at all levels of public law proceedings.
Kerry Barker has a very busy public law practice which is characterised by representing parties in very complex cases where in most cases expert evidence has been relied upon. Recent cases include significant and chronic neglect, multiple fractures and bruises, and psychological/psychiatric evidence. Kerry has represented Local Authorities and parents in lengthy (10 day plus) finding of fact and final hearings.
Kerry conducts cases involving applications for care and supervision orders; contact with children in care; discharge proceedings; placement and adoption orders; and special guardianship orders. In these proceedings Kerry represents parents, grandparents, children and other interested parties in complex care proceedings. As a solicitor she was also a member of the Children Panel and, accordingly, her experience in representing children is considerable.
Some examples of Kerry’s recent cases include:
- Representation of mother in Public Law proceedings where the Local Authority supported by the Children’s Guardian sought Care and Placement Order. The final hearing included cross examination of expert witnesses where the issues related to the mother’s alcohol use. Kerry successfully opposed the plans of the Local Authority and the court made an order allowing the child to return to the care of the mother under a Child Arrangements Order.
- At a three day interim care hearing Kerry successfully opposed the plans of the Local Authority to remove two children from the care of parents due to issues of chronic neglect. In this hearing Kerry represented the father. The children remained in the care of the parents subject to an interim care order pending further assessments.
- Representation of young mother with learning disabilities in Public Law proceedings where the Local Authority were applying for Care and Placement orders. The final hearing took place over 8 days and included lengthy cross examination of expert witnesses.
- Representation of Local Authority at Final hearing which was heard over eight days. The Children’s Guardian did not support the plans of the Local Authority. Kerry was successful in persuading the court to approve the Local Authority plans.
- Cases involving adoption where applications for leave to revoke a Placement Order and leave to oppose an Adoption Order have been made.
Private Law
Kerry Barker also represents parties in private law cases, including those where there are significant welfare issues. She is regularly instructed in residence, contact, prohibited steps, specific issue order applications and leave to remove from the jurisdiction (both internal and external) and is able to provide advice on discrete matters of law and evidence.
Kerry’s private law practice is dominated by complex cases including issues such as long-standing domestic abuse, allegations of rape and sexual abuse, allegations of violence to children, and removal from the jurisdiction. Kerry is a favorite amongst solicitors for her delicate approach to such sensitive matters.
Some examples of Kerry’s recent cases include:
- Representation of mother in private law proceedings in the High Court. The issues before the court related to competing jurisdictional arguments between UK and Greece.
- Representation of the child within private law proceedings where the issue before the court was one of Jurisdiction. It was being argued that the proceedings ought to be stayed and proceedings transferred to Scotland. Kerry successfully argued that the UK has jurisdiction.
- Representation of father within private law proceedings where the mother had applied to remove the child from the jurisdiction to Pakistan. Kerry was successful in opposing the mother’s application.
- Representation of client within proceedings where the mother sought to relocate over 200 miles within the UK. Kerry successfully opposed the mother’s application on behalf of the father.
- Kerry has dealt with a number of cases involving same-sex relationships and is well versed in case law relating to the area.
Domestic Violence
Kerry is regularly instructed to represent parties before the court in connection with applications under the Family Law Act 1996. Additionally, Kerry also represents parties in applications arising under the Protection From Harassment Act 1997. In this area, Kerry represents both applicants and respondents in cases which involve very serious harm. Kerry’s approachability and friendly nature makes her a popular choice for vulnerable clients.
Notable Cases
A Metropolitan District Council v M & Ors [2019] EWFC 15
Kerry was Junior Counsel, Led by Gillian Irving QC instructed to represent the Applicant Local Authority in which the Local Authority sought care orders in relation to 6 children. The case involved serious allegations of sexual abuse; expert evidence and was heard over 10 days.
C (A Child: Serious Physical Injuries fact finding ) [2018] EWFC 13
Kerry represented the mother at the fact finding hearing which was heard over eight days before Holman J. The issue before the court was who had caused very significant injuries to the child who was just 5 weeks old at the time she sustained her injuries. The mother was exonerated from causing the injuries.
Re W ( A Child) [2017] EWFC B42
Representation of the Children’s Guardian on an application made by the Local Authority for Leave to Appeal. In this case, Kerry appeared against Leading Counsel.
Re B ( A Child: Guardianship Order) [2017] EWFC B39
Representation of the mother in Public Law Proceedings where the court was faced with the decision as to whether to make a Special Guardianship Order or Care Order.
Re P ( A Child) [2016] EWFC B42
Representation of mother in Public Law proceedings where the Local Authority sought final Care and Placement Orders.
Clerks
Susan Sanders
Call: 2015
Susan Sanders
MA (Hons), University of Edinburgh, Persian and Social Anthropology (1999)
Graduate Diploma in Law (2014, Distinction)
Bar Professional Training Course (2015, Outstanding)
Middle Temple
Queen Mother Scholar (2014)
Family Law Mediator
Legal Aid Supplier Number 02ENW
Contact
T: 01274 722 560 or 0113 246 2600
Susan joined Broadway House in September 2016 after successfully completing a mixed pupillage.
She practises family and immigration law and has a particular interest and expertise in the overlap between these two areas. She is qualified to undertake work on a direct access basis.
Susan has an insightful approach and is regularly instructed to represent those who require sensitive and considerate client-care.
Before coming to the Bar Susan worked for human rights organisations and campaigned and carried out research in Afghanistan for Amnesty International. Susan speaks French and Farsi.
Susan is a family mediator and is available to mediate in cases involving child arrangements disputes and financial issues after separation.
Reputation
Articles
Unreasonable law – contested divorce and the case of Owens v Owens
Seminars
- Public Law Children: Deprivation of Liberty (2018)
- Disclosure of Material: Family & Criminal Proceedings (2018)
- Gatekeeping the IAC- Restrictions on appeal rights: Third Country, Clearly Unfounded and Remove First Certificates (2018)
- Trafficking and Age assessments (2019)
- ‘Immigration Applications for Children in Care & Immigration Issues for Kinship Carers/Parents Abroad’ (2021)
- How to prepare for a Deportation Appeal – Family and Private Life (2022)
Legal Directories
Tier 1. Rising Star – Legal 500 2023, “Susan is a very diligent barrister, with extensive knowledge of asylum and immigration law. She is an excellent communicator, and her ability to listen to clients puts them at ease during stressful situations for them. She is pragmatic and clear when giving advice”
Rising Star – Legal 500 2022, “Susan is very dedicated and has in-depth knowledge of immigration law. Her advocacy is thoughtful and measured. She is particularly attentive to the needs of vulnerable clients and quickly builds a rapport with them.”
Expertise
Family
Susan has a busy practice in all areas of family law and represents privately and publicly funded clients from directions hearings through to contested final hearings. She is regularly instructed in private law finding of fact hearings involving serious allegations, including rape, and in public law proceedings for the local authority. She is also involved in cases of domestic abuse, forced marriage, and those with an immigration element. She regularly advises local authorities in relation to immigration issues within public law proceedings.
She is a sensitive and effective communicator. One lay client said she is “absolutely wonderful and very professional with her work, [a] fantastic lady with big experience and commitment”.
Immigration
Susan regularly appears in the First Tier and Upper Tribunals and is committed to providing first class representation to those seeking asylum. She is often asked to advise and drafts judicial review claims as well as applications for permission to appeal.
Before coming to the Bar Susan worked for many years as a legal representative for asylum seekers at Refugee and Migrant Justice and in private practice. She is passionate about representing vulnerable individuals and carries out pro bono advocacy for the Manuel Bravo Project and Bail for Immigration Detainees. Her experience working in Central Africa, Iran and Afghanistan provides invaluable background for this work.
“The clients were very happy with the way the appeal was prepared and presented, [and] asked that I extend the family’s thank you to you. I am attaching a copy of the Tribunal’s decision … the appeal was allowed. This is an excellent result in a potentially tricky case with a long and difficult history" (Instructing Solicitor)
Notable Cases
Family
Re D – Junior counsel in High Court hearing considering allegations of child sexual exploitation
A v A – Finding of fact dealing with allegations of shooting and attempted kidnap
H v H – Finding of fact successfully represented a father facing allegations of sexual and physical abuse. No findings were made.
N v H –Successfully argued for set-aside of a declaration of trust on the basis of fraud at a preliminary issue hearing in financial remedy proceedings
Immigration
JG v SSHD – Successfully appealed decision to deport Jamaican national convicted of burglary, appeal then upheld by UT
EB v SSHD – Permission to appeal granted by the UT on basis of application of European case law to article 3 medical case, pending Supreme Court hearing of AM (Zimbabwe)
GK v SSHD – Upper Tribunal allowed human rights appeal of elderly Indian relative, finding paragraph 276ADE(1)(vi) was met. Appeal had been dismissed by First Tier Tribunal.
Advised EEA extended family member who, as a result, obtained residence permit on the basis of the EU Court of Justice case of Lounes
Clerks
Christopher Styles
Call: 2015
Christopher Styles
University of Oxford
Graduate Diploma in Law (Distinction)
Bar Professional Training Course (Outstanding)
Legal Aid Supplier Number o2EQY
Deputy District Judge
Contact
T: 01274 722 560 or 0113 246 2600
Christopher joined Broadway House Chambers in September 2015. He is a busy junior practitioner, specialising in the field of public family law.
Legal 500- Leading Junior (2024): ‘Even in the most difficult and complex cases Christopher’s advocacy is calm under pressure- he is an outstanding and persuasive advocate. He has an uncanny ability to think outside the box and find a way forward.’
Legal 500- Leading Junior (2023): ‘Christopher’s strength is his fierce intelligence, and his ability to persuade the tribunal by using that intelligence eloquently and with considered force. Talented…an absolute star in the making.’
Legal 500- Rising Star (2022): ‘He has a meticulous eye for detail, prepares diligently and provides clear, compelling advocacy- one to watch.’
Reputation
Expertise
Christopher is an established family law practitioner, specialising in the representation of parents and children in public law proceedings. He is routinely instructed in cases of gravity- including those involving inflicted injury, sexual abuse, homicide, honour-based violence, cruelty and systematic neglect.
Christopher is an experienced trial advocate and can be relied on to forcefully advocate for clients both in writing and in court. He has a reputation for rigour, with a busy paper practice advising on complex matters of jurisdiction and safeguarding.Christopher understands the unique character of the family jurisdiction. He is trusted by solicitors to advise with both sensitivity and tact.
Notable Cases
Re B: Representation of a child in wardship proceedings in the context of an alleged honour-based killing. Successful jurisdictional argument for child to be permitted to return home.
Re C: Representation of a parent at an eleven-day finding of fact encompassing the cross-examination of a seven year old child. Client exonerated and rehabilitation ordered.
Re B: Representation of a young woman accused of forcibly branding a baby with a cigarette. Client exonerated following a six-day trial.
Re L: Representation of a deaf mother with profound cognitive limitations making allegations of child abuse. Allegations upheld at a nine-day trial.
Re R: Two-week trial representing a parent accused of shaking an eight month old baby. Medical evidence challenged and no identification findings made.
Re F: Representation of grandparents opposing a plan of adoption. Kinship assessment successfully challenged, with the court making findings of exaggeration and distortion against the allocated social worker.
Re S: Representation of a child following threats from a reality TV star to sell case details to News International. Global reporting injunctions imposed.
Re U: Representation of a Ukrainian resident in a High Court dispute regarding welfare, the ongoing conflict and jurisdiction. Interim return to Kiev directed.
Re M: Representation of a father accused of murdering his partner, where the subject child acts as witness for the prosecution. Psychological evidence challenged and placement with family sanctioned.
Re Y [2023] EWHC 2040: Representation of a child in complex High Court relinquishment proceedings - https://www.bailii.org/ew/cases/EWHC/Fam/2023/2040.html
Clerks
Fen Greatley-Hirsch
Call: 2018
Fen Greatley-Hirsch
LLM Legal Practice (Barristers) – BPP Law School
Adv. LLM Public International Law – Leiden University
LLB Law with French Law – University of Warwick
ADM-ODR International Qualified Civil Commercial Mediator
Baron Dr ver Heyden de Lancey Prize (Middle Temple)
The Queen Mother Scholarship (Middle Temple)
White Rose (WRoCAH) Doctoral Scholarship (Arts and Humanities Research Council)
Contact
T: 0113 246 2600
Fen joined Chambers in December 2020 after completing a common law pupillage under the supervision of Giles Bridge and Paul Smith.
He accepts instructions in family and criminal cases and is available for consultation in conference or written advice.
Fen’s practice is shaped by his experiences in academia and working in client-facing roles with a several national and international charitable organisations, including Citizens Advice Bureau, the Free Representation Unit, and Nightline.
This work put him in regular contact with individuals from all walks of life and particularly vulnerable populations, young people, persons with disabilities and mental health conditions, and non-native English speakers. As a result, Fen understands and responds to a wide range of client needs. He approaches all matters with the utmost commitment to client care and is often praised for taking the time to ensure clients’ questions and concerns are addressed and that they feel fully represented.
Fen’s academic research focuses on issues of mental and legal capacity in criminal law using vulnerability theory. He has served on the editorial board of academic journals, worked as a research assistant for an NGO conducting strategic human rights litigation, and delivered papers at academic conferences around the world. As such, he is is able to build and present complex information and arguments in a clear and accessible way.
Reputation
Expertise
FAMILY
Fen accepts instructions in private and public Children Act proceedings at all stages, from first hearings to final hearings. A well-rounded practice sees him represent parents, Local Authorities and intervenors alike.
He has a real strength in client care and is often commended for ensuring his clients fully understand the developments in and prospects of their case and leave hearings feeling heard and fully represented.
Fen has gained particular expertise in contested and fact-finding hearings, assisted by a keen eye for detail and a forensic approach honed through criminal practice.
He regularly deals with cases involving allegations of a very serious nature – such as domestic violence, non-accidental injuries, and sexual harm – and does so with sensitivity and tact.
Fen has considerable experience representing vulnerable clients, including young persons, persons with disabilities, those with mental health issues, and those who do not speak English. He welcomes instructions in cases involving non-traditional families and those with international or intercultural elements.
CRIME
Fen both prosecutes and defends at all stages – pre-trial, trial, sentence, and appeal.
He regularly appears in courts across the North Eastern and Northern Circuits in relation to the following types of offences:
- Assaults (up to and including s18);
- Road traffic;
- Public order (affrays);
- Dishonesty (handling stolen goods; burglary; robbery);
- Drugs offences (possession with intent to supply; production);
- Sexual offences (sexual assault; indecent images)
Fen is a member of the CPS General Crime Panel at Grade 2.
For the last couple of years he has been building his Crown Court trial practice and welcomes defence instructions.
He has completed the vulnerable witness training and, particularly given his experience dealing with similar matters in the family courts, is well-equipped to defend in rape, sexual assault and other such sensitive matters.
More generally, Fen’s background in academia has equipped him with the ability to quickly process and familiarise himself with large volumes of documents, as well as to make complex information accessible to a lay audience. It has also given him the research skills to locate useful case law that sometimes makes all the difference.
He has been praised by solicitors, benches and clients themselves for his skilled and sensitive witness handling and an ability to resonate with juries.
Fen builds rapports with clients easily, which quickly allows him to elicit the information needed both to build the strongest case and to address the opposing one effectively.
He has a keen eye for detail and in evidential hearings is particularly adept at witness handling, cross-examining with a forensic approach honed through criminal practice.
Fen has considerable experience representing vulnerable clients, including young persons, persons with disabilities, those with mental health issues, and those who do not speak English.
Notable Cases
R v Shaw - Leeds Crown Court (Prosecution 2023)
Prosecuted 'professional burglar' who was sentenced to 32 months imprisonment. https://www.yorkshireeveningpost.co.uk/news/crime/career-criminal-rammed-police-car-as-he-drove-professional-burglary-team-around-leeds-4422603
R v Ndokajwas - Bradford Crown Court (Prosecution 2023)
Prosecuted man after cannabis farm worth £670k found. Marsel Ndokajwas was sentenced to two years imprisonment for the production of cannabis. https://www.bbc.co.uk/news/uk-england-york-north-yorkshire-67571625
R v X - Youth Court (Defence 2023)
Fen defended in the Youth Court in a serious sexual assault trial.The trial involved child witnesses and implementing the s28 procedure. Fen made a successful submission of no case to answer, which prevented the need for the defendant to give evidence. https://www.broadwayhouse.co.uk/news/fen-greatley-hirsch-youth-court-2023
R v X - Leeds Crown Court (Defence 2023)
Fen Greatley-Hirsch Secures Suspended Sentence for his Client in a Serious Three-handed Affray. https://www.broadwayhouse.co.uk/news/fen-greatley-hirsch-secures-suspended-sentence
Clerks
