Profile description
Contact and Residence disputes under the Children Act 1989
As a member of our Family team Nigel is regularly instructed to appear in multi-day findings of fact and final hearings. He receives regular instructions in all aspects of matters involving children including Child Arrangement Orders, Specific Issue and Prohibited Steps Orders.
Nigel also receives instructions for emergency injunctions and contested hearings for Non-Molestation and Occupation Orders.
Nigel is more than aware of the sensitivity that can be attached to these proceedings when acting for either parent and he has significant experience in dealing with sensitive matters for both parents.
Public Law / Care and Adoption Proceedings
Nigel is an established Family Practitioner with significant experience in care proceedings appearing for parents, guardians, Local Authorities and Interveners.
He is regularly instructed to attend emergency protection orders, interim care orders and multi-day complex findings of fact and final hearings.
Nigel frequently appears in cases involving complex facts or legal argument at all levels of court. He is often instructed in lengthy fact-finding hearings or final hearings involving;
•Infant death and non-accidental injury
•Parental murder
•Sexual abuse including multi-generational abuse and inter-sibling abuse
•Fabricated and/or induced illness
•Human Rights and incapability
•Neglect
•Drug and alcohol abuse
•Domestic violence
Divorce & Separation
Nigel has a strong practice in matrimonial finance and property disputes and frequently attends all hearings during the course of proceedings including MPS applications, final hearings and enforcement at all levels. In addition he is regularly asked to advise on complex matters of both matrimonial finance including Barder appeals.
Cohabitation including Trusts of Land & Appointment of Trustees Act 1996
Nigel has extensive experience in a variety of civil maters. For matters involving cohabitation disputes of land Nigel is frequently instructed to provide written advice and also attend conferences on complex matters of trusts. He has a particular interest in trusts and the law of equity and has been instructed on various complex matters.
Inheritance Act claims
Nigel’s experience has also seen him provide written advice on matters of inheritance and contested probate. His family law and civil law experience has naturally seen such instructions.
Court of Protection
The Court of Protection deals with vulnerable adults who lack capacity under the Mental Capacity Act 2005. The court is there to make decisions in respect of both welfare and financial matters where a person cannot make those decisions for themselves. Tracey covers a broad range of areas under the Mental Capacity Act 2005, with an emphasis on health and welfare issues. These cases often require a sensitive approach and Tracey has a wealth of experience of dealing with both the clients that lack capacity and their families.
- Personal welfare applications, including whether it is in the person’s best interests to live in a family home or residential care or other care setting, disputes over arrangements for contact with family members, decisions on complex/interventionist care packages involving deprivation or restriction of liberty
- Section 21A applications challenging authorisations of deprivation of liberty in a care home or hospital under the Deprivation of Liberty Safeguards (DOLS)
- Emergency applications, e.g. the transfer of a person lacking capacity to a new care setting, requiring a transfer plan with potential deprivation of liberty, requiring advance authorisation by the court
- Contested applications for the appointment of deputies (welfare/financial affairs), and other property and affairs applications
- Proceedings concerning 16 and 17 year olds, and the overlapping jurisdictions of the Court of Protection and Children Act 1989 including applications for placement in secure settings.