Ian Miller
Call: 1999
Ian Miller
LLB (Hons) (Pg Dip) (FLBA)
Legal Aid Supplier Number 385FD
Contact
T: 01274 722 560 or 0113 246 2600
Ian is a renowned matrimonial finance and family trusts/TLATA Barrister. Ian also accept instructions in:
Breach of Confidence (and confidentiality)
Misuse of Private Information and how to protect privacy
Defamation (libel and slander)
Advice on publications, press releases and websites to as to ensure privacy is maintained, consents received, and that material published is not defamatory or in breach of copyright.
Ian is able to undertake private FDR hearings for Trusts of Land proceedings, Inheritance Act proceedings and Financial Remedy cases.
Reputation
Ian has been a regular speaker on the professional legal lecture circuit for many years including being part of the Jordans publishers’ team early on in his career. Ian regularly speaks at Broadway House Chambers CPD and training events and is regularly invited to speak at events organised by legal professionals. During his time at the university Ian spoke regularly to public and private audiences on media law, artificial intelligence and the law and IT and regulation. Ian has been a panel member on a number of local and regional radio broadcasts on matters such as human rights, artificial intelligence and driverless cars.
In 2014, Ian joined the University of Bradford as a lecturer whilst maintaining his practice in Chambers. During his time at Bradford Ian set up the School of Law’s first Law Clinic, acted as Deputy Head for 3 years and was the Director of Clinical Legal Education. Ian resigned his Associate Professorship at the University in 2022 to return to full time practice.
Expertise
Family/Civil
Ian has worked in the field of matrimonial finance and TOLATA from Call in 1999 but has focused on matrimonial finance and TOLATA exclusively since 2014. During his years of a mixed practice Ian undertook a broad range of civil and family work including child protection, professional negligence, Land tribunal cases, employment law and general common law. These previous practice areas provide Ian with a good grounding in other areas of law that regularly pervade into complex financial remedy cases involving partnerships, third party property ownership, companies, and tracing.
Ian is able to undertake private FDR hearings for Trusts of Land proceedings, Inheritance Act proceedings and Financial Remedy cases.
Sports Law
Having taught for several years at the University of Bradford, Ian has developed an expertise in privacy law, misuse of private information, breach of confidence and media law.
Whilst teaching at the University of Bradford, Ian wrote modules on privacy and defamation law and taught law and media in the digital age to both undergraduate and post graduate students. Having now returned to full time practice with chambers, Ian is now accepting instructions in the following areas of media Law:
- Breach of Confidence (and confidentiality)
- Misuse of Private Information and how to protect privacy
- Defamation (libel and slander)
- Advice on publications, press releases and websites to as to ensure privacy is maintained, consents received, and that material published is not defamatory or in breach of copyright.
Notable Cases
B v B [2022]
Third generation family farm. Assets circa £2.5m gross. Wife well into retirement. Issue as to how the sharing principle should apply to the assets which were brought into the marriage solely by the H. Agreed that the H would pass the farm to the parties’ son. Matter compromised with the W receiving 25% of the assets.
S v S [2022]
In addition to a modest family home, the parties assets were comprised of a significant pension held by one party and valuable commercial land owned by the other with another family member and which was inherited. Should the court depart from equality after a very long marriage on the grounds that half the assets were inherited? If the party holding the inherited land could or should sell the land in question. How should the pension be divided? Matter compromised. Sharing was to apply to the inherited wealth given the length of the marriage (DJ). The inherited land could be released at some point when the party desired it and could be seen as akin to a pension fund for that party. Proceeds of sale of FMH sufficient to house both parties modestly if divided equally. Small pension share required to equalise capital position. 50:50 division of the whole of the assets was appropriate notwithstanding the inherited wealth.
M v C [2016]
Proprietary estoppel – declaration of trust – whether the court may vary the terms of a declaration of beneficial interest set out in a signed declaration on the grounds that the parties had entered into an explicit oral agreement post dating the original declaration.
M had agreed to re-mortgage their jointly owned home in order that C could inject capital into his business in order to support and promote it. The court found that the parties had explicitly agreed that C’s share in the home would be reduced accordingly, and that C would account to M for the benefit he had received on any future sale. The court finding also that C had agreed to meet the additional sums due each month under the mortgage as a result of the borrowing.
Court declaring that M was entitled to the same amount that C had borrowed as a first deduction before dividing the proceeds of sale equally between them. Hameed v Qayyam [2009] EWCA Civ 352 and Clarke v Meadus [2007] EWHC 352 relied upon. (a transcript of the judgment is available). Permission to appeal dismissed by the Court of Appeal.
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
Emma Downing
Call: 2002
Emma Downing
Middle Temple
Legal Aid Supplier Number 872FN
Contact
T: 01274 722 560 or 0113 246 2600
Emma now combines her practice at the Bar alongside a part-time position of University lecturer in law. Throughout her career Emma has specialised in all aspects of both criminal and regulatory law together with prison/parole law and mental health work.
Languages: Chinese (Mandarin), French and German
Reputation
Emma is recognised in the publication ‘Chambers and Partners 2022’ in the practice area of crime.
Expertise
Crime
Emma now combines her practice at the Bar alongside a part-time position of University lecturer in law. Throughout her career Emma has specialised in all aspects of both criminal and regulatory law together with prison/parole law and mental health work.
Notable Cases
R -v- Hussain EWCA Crim 1564
Substantial departure from the Sentencing Council Guidelines on ‘Assault and Other Offences Against the Person’ justified by an element of deterrence in the sentence
R -v- Cordingly EWCA Crim 2428
Legality of the imposition of a sentence of imprisonment for public protection upon an offender who had committed a specified and serious offence, whilst subject to licence conditions, in respect of which he had already been recalled administratively
R -v- Price EWCA Crim 1757
Guideline case on sentencing for the importation of offensive weapons
R -v- Slaven EWCA Crim 2967
Application of the Criminal Justice Act 2003, s.240
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