Edward Lamb KC

Re B-S (EWCA 2023) (Decision awaited)

The appeal from London Borough of Hackney v P & Ors [2022] EWHC 1981 (Fam) McDonald J

A v B [2022] EWHC 2962

Edward acted for the adopters in this case involving a Hague Convention adoption from an Asian country into the UK. Judd J identifies that these cases are complex and require specialist legal advice on the process (both from the adopter’s perspective and the local authority’s). Of further interest was the effect of a mother lacking capacity in dispensing with her consent pursuant to s.52 of the Adoption and Children Act 2002. This is the first reported case on this issue and is now the leading authority on such cases.

London Borough of Hackney v P & Ors [2022] EWHC 1981 (Fam) McDonald J

A case concerning 3 questions relating to the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility. The case concerned a child who had previously been cared for by her grandmother in Tunisia and then brought to England and Wales. The local authority issued care proceedings and the following preliminary issues arose (upon transfer from HHJ Hughes KC):
i) Does the jurisdictional scheme 1996 Hague Convention apply to these proceedings notwithstanding this case involves a non-Convention State?
ii) If 1996 Hague Convention do not apply to these proceedings involving a non-Convention State, does jurisdiction arising out of the presence of the child in the jurisdiction subsist for the purposes of care proceedings?
iii) If the question of habitual residence falls to be determined in this case, whether under the jurisdictional provisions of Chapter II of the 1996 Hague Convention or otherwise, what is the relevant date for that determination?
The Court determined that in respect of (i) Hague 1996 does apply between a contracting state and non-contracting state and in relation to (ii), if the child is not habitually resident (to be argued in due course at a later hearing) in England and Wales for the purposes of Art 5, the common law jurisdictional basis of presence will subsist in respect of the child.
Issue (iii) has been the subject of conflicting High Court authority [see RE NH (1996 Hague Convention: Habitual Residence) [2016] 1 FCR 16 and Warrington Borough Council v T and others [2022] Fam 107]. The Court determined that the relevant date was at the date of the hearing and not the point at which proceedings were issued or some other date.
The matter is listed for a further hearing to determine habitual residence and forum. Edward Lamb was led by Mark Twomey KC.

AB v BB [2022] EWHC 1965 (Fam) DHCJ David Lock QC

Edward Lamb, instructed by Georgina Emmerson of Ellis Jones Solicitors, successfully defended an application by the mother AB (“the Mother”) under the Child Abduction and Custody Act 1985 for the summary return of EF to Cyprus, where the Mother claimed the child is habitually resident. The application was defended on the grounds that (a) EF was habitually resident in the UK at the relevant date, (b) the Mother consented to EF’s relocation to the UK or otherwise acquiesced in the child’s relocation to the UK, (c) that returning EF to Cyprus would expose him to a grave risk of physical or psychological harm or otherwise place him in an intolerable situation. The father was successful in establishing each of his pleaded defences and the application was dismissed.

A v. HA; EN and LA [2022] 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 [2022] 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) [2021] 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) [2017] 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.