Magdalen Case

Magdalen Case

Email: clerk@stjohnsbuildings.co.uk

Phone: 0161 214 1500

Year of call: 1992

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Magdalen read History and Economics at Oxford University (Pembroke College) and went on to work for BP for two years before taking the Diploma in Law at the University of Westminster. She took the Bar Vocational Course at the Inns of Court School of Law and was called to the bar by Middle Temple in 1992. She has been a member of St John’s Buildings chambers since completing pupillage. She specialises in private and public law children’s cases and Court of Protection cases.

Memberships

  • Family Law Bar Association
  • Court of Protection Practitioners Association
  • Child Concern

Appointments

  • Appointed a Deputy District Judge in 2015
  • Accredited for Direct Public Access instructions

Expertise

  • Family - Children

    Magdalen is a Children Law specialist. She has a particular interest in public law applications in which she has appeared at all levels up to and including the Supreme Court. Her practice is reasonably evenly split between representing Local Authorities and parents/other family members and children. Her experience includes cases involving complex medical evidence, child death and allegations of serious sexual and physical abuse.

    Her practice extends to wardship, forced marriage applications and cases where there is an issue of international jurisdiction (such as under Brussels II Revised).

    In the private law arena, she deals with the full range of Children Act applications from protracted contact cases and cases where there are serious domestic violence or sexual abuse allegations to applications to permanently remove children from the jurisdiction and Hague Convention cases.

    She has represented a number of clients on a direct public access basis, in particular in relation to private law Children Act applications.

    Cases

    Re S-B (children) [2009] UKSC 17:  Magdalen was Junior Counsel for the appellant mother in this Supreme Court case led by Anthony Hayden QC (as he then was).  She had previously represented the mother in the High Court and, as Junior Counsel, in the Court of Appeal.  The appeal, which was successful, dealt with the standard of proof in relation to the identification of a perpetrator of injuries to children and remains a leading case in this area of law.

    Re IO (A Child) [2015] EWHC 3345 (Fam): Magdalen represented the mother in this application by father under the Hague Convention for the return of a five year old boy to the Ukraine. The case was heard by Mr Justice Baker. The mother opposed an order for the child’s summary return to the Ukraine on the grounds firstly, of acquiescence and secondly, the defence under Article 13 (b) of the Convention, namely that there would be a grave risk that an order for the child’s return would expose him to physical or psychological harm or otherwise place him in an intolerable situation.

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  • Court of Protection

    Magdalen has a growing Court of Protection practice in which she specialises in health and welfare cases. She has represented a number of Local Authorities, families and protected parties. She has been instructed by the Official Solicitor. She has experience of transitioning cases from the Family Court to the Court of Protection.

    Other related experience includes applications under the inherent jurisdiction in relation to vulnerable adults, and mental health applications in the County Court (such as applications to displace nearest relatives).

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  • Public Access

    Magdalen is accredited to receive instructions directly from members of the public through the Public Access Scheme.

    Magdalen has represented a number of clients under the scheme, representing parents and other family members in the Family Court. The majority of these cases concerned clients who were making or responding to applications for child arrangement orders (which have replaced residence and contact orders). Magdalen’s experience under the scheme includes disputes about permanent relocation outside the UK, specific issue orders (for example disputes about which school a child should go to) and disputes involving children with special needs including autism.

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