Edward has a leading junior practice in a number of areas relating to children and the consequences of relationship breakdown. He has appeared in reported cases both led by Queen’s Counsel and without Queen’s Counsel. He has been described in the most recent edition of the Legal 500 as ‘”Very knowledgeable, very committed, and good with clients.”
Edward’s children practice has an international focus: dealing with issues from abduction to relocation. Edward is frequently instructed on last minute and emergency applications in the High Court related to this area of work. He has a detailed knowledge of the problems facing families with an international spread involving the USA, Argentina, Singapore, Australia, India, Pakistan, Cyprus, Greece, France, Tunisia, Morocco, The Russian Federation and the UAE.
Edward is currently instructed in two important cases in the Family Division of the High Court (one led and one unled). The first case will determine the extent to which the inherent jurisdiction can be utilised to return children from a European state. The second case will determine at what point habitual residence must be determined under the Hague Convention and whether the principles of Hague are binding on a non-convention state. Both these cases are likely to be reported at the end of this year and are ongoing.
Many of Edward’s cases involve complicated factual and medical evidence. They include issues relating to domestic relocation cases; domestic violence and coercive control; parental alienation and cases arising out of injuries sustained to children. Examples of this work are included below. His associated busy civil practice gives him the benefit of a forensic and analytical approach to the evidence that puts clients at a significant advantage.
Edward has appeared in cases of the utmost difficulty in involving non-accidental injuries and fictitious illness cases: acting on both sides of the fence. Aside from the cases listed below Edward has appeared in numerous reported cases in the past 4 years that include: Re: H (Hair strand testing) EWFC 64; A CCG v AF & Ors  EWCOP 16; and Brent v NB  EWCOP 34. Unusually at the family bar Edward was appointed to the prestigious Attorney General’s Panel of Civil Counsel and represents the government in a number of family related matters in the Family Court; mostly relating to issues of PII; disclosure and issues relating to national security.
Edward retains a niche but well-formed financial/property practice. He has a particular specialism in the financial provision for children and issues relating to child maintenance. He is currently appearing in a Judicial Review relating to the CMS’s refusal to re-calculate a non-resident parents’ maintenance following a Tribunal decision. Edward frequently advises on issues relating to consent orders (variation, enforcement etc.) in Financial Relief Proceedings.
Notable Family Law cases
LA v. AMC and GT  EWHC (Fam), Macdonald J
An on-going case where Edward is led by Queen’s Counsel involving arguments on at what point habitual residence must be determined under the Hague Convention and whether the principles of Hague are binding on a non-convention state. To be determined later in the year.
A v. HA; EN and LA  EWHC 1030 (Fam), Moor J
An on-going case involving allegations of wrongful retention of children in Cyprus and whether or not English orders were sufficiently registered in Cyprus pursuant to Brussels IIR. Issues relating to the reach of the Inherent Jurisdiction and power to vary English made orders in relation to children habitually resident in Cyprus.
LA v. D and D  EWHC (Fam), Poole J
Foreign adoption case involving complicated concurrent civil proceeding and dealing with the question of whether an adoption order extinguishes a child’s right to be maintained from a parent’s estate through an application under s.1 Inheritance (Provision for Family and Dependants) Act 1975.
O, Re (A Child: The Vienna Convention on Consular Relations 1963)  EWHC 908 (Fam) (14 April 2021)
The leading authority upon the circumstances where a local authority should notify a foreign country of the proceedings in the UK. The key question was whether the Vienna Convention on Consular Relations was directly applicable in the UK. The court, adopting Edward’s submissions verbatim in the Judgment, felt it was not and it was of persuasive power only. Moreover that those international obligations were secondary to the statutory regime under the Children Act 1989. This case is of vital importance to all local authorities when faced with a welfare dilemma between the notification requirements under international treaties and domestic welfare protection measures.
SK v. LC 2021 (HHJ Sapnara)
22 day fact finding private children law against leading Counsel; highly complicated case involving issues of jurisdiction in relation to previous USA proceeding. Coercive control and alienation key elements. Arguments on admissibility of expert reports prepared in previous proceedings in the US jurisdiction. The Scott schedules ran to 50 pages and the matter is currently at the welfare stage.
LBTH v. K and Ors 2021 (HHJ Bugg)
A 12 day fact finding (plus 7 days of welfare) hearing relating to an injured baby. 8 experts; complicated interpretation of neuro-radiological expert evidence. An important case as Judge dealt with a commonly raised feature in brain injuries; Ehlers Danlos Syndrome. Leading Counsel for the respondent suggested that this syndrome led to non-specified and spontaneous bleeding in the brain. Also important evidence of leading Ophthalmologist, that indicated there is limited forensic value from the spread of haemorrhage in the retina, when considering non accident injury.
LBE v. OG 2021 (HHJ Karp)
14 day hearing relating to injured baby with catastrophic brain injuries. The injuries were so significant that the neurologist likened the effects to having an RTA at 60mph. There was a significant dispute between the parties that was resolved by an analysis of the brain scans that showed significant intra-cerebral bleeding, that was not readily noticeable on the earlier scans.
LBB v. R (and 8 children) Judd J
Described by the High Court Judge as ‘just about as complicated as it gets’. Edward’s client was seeking the recovery of children from Morocco. The hearings determined welfare issues, in the UK but also in Morocco. 7 subject children from 2 mothers. During final hearing, police disclosed evidence of serious criminal activity of the father. The Police claimed public interest immunity over surveillance evidence obtained in the course of the investigation; application heard. 2 other family members, proposed carers, were found with £1million in their possession (from the father’s criminal activities). Case concluded in settlement before final hearing.
R v M : 2020 Keehan J
Successful response to an application for a return of a child from India. Successfully argued habitual residence and acquiescence.
H (A Child : Hair Strand Testing)  EWFC 64
The lead case on hair stranding testing in family proceedings.
H v H (2020)
Acting for a husband in protecting a family business worth £10m+. Edward was led by Andrew Bagchi QC and successfully settled a long-running and important case. The case involved complicated company valuations and assessment of expert actuarial evidence.
R v R (2020)
Short marriage/needs case settled on day 1 of final hearing. Involving unusual settlement concerning testamentary provision for a child of the marriage.
N v N (2019)
A long-running application to set aside consent order with allegations of fraud. Settled on day 2 of final hearing.