Andrew Bagchi QC Andrew Norton QC Call 1992 Silk Date 2016 Andrew is a senior barrister at 1 Garden Court and brings that experience to his practice of family law as it relates to children in both the public law (care and adoption) sphere and in private law (child arrangement) disputes. Andrew also has a significant practice in the Court of Protection dealing primarily with capacity, deprivation of liberty and general welfare cases. Within private law proceedings, Andrew acts for parents and other adults involved in difficult disputes relating to children. He represents children either directly or acting through their court appointed Guardian. He has a special interest in alternative family structures and surrogacy. Within public law proceedings, Andrew represents local authorities, parents, other family members and children. His expertise is in cases where serious, life threatening injures have occurred. He regularly conducts fact-finding hearings involving complex medical issues. Many of Andrew's cases have an international element and he is highly skilled at advising local authorities on placement of children overseas and adoptions with international elements, often receiving instructions in cases involving child abduction, Forced Marriage and Diplomatic Immunity issues. He also advises and represents parties considering planned relocation. He has particularly strong links with the United States and can provide some guidance on legal issues in that jurisdiction, signposting specialist American legal advice when required. Within the Court of Protection Andrew receives instruction from the Official Solicitor to the Senior Courts to represent the protected party, from local authorities seeking guidance on complex cases and from families seeking to resolve difficulties regarding a family member. While Andrew is highly experienced in court disputes, he is passionate about Alternative Dispute Resolution as a means to conclude proceedings in the most effective way for the parties. He is a trained mediator able to work in both children cases and within the Court of Protection. He has a special interest in mediation used to resolve Elder Care disputes. 020 77 97 7900 norton@1gc.com Practice areas - Mediation & alternative dispute resolution - Public Access Barristers - Children (public law) - Children (private law) - Court of Protection - Domestic violence & injunctions - International family law Contact 1 Garden Court Temple London EC4Y 9BJ Telephone 020 7797 7900 clerks@1gc.com Email @1gc 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC 1gc Andrew Bagchi QC Andrew accepts public access instructions. Legal Directory Quotes "Recommended for his Hague Convention expertise." Legal 500 2016 "He has a persuasive and dedicated style in mediations and is an engaging advocate." Chambers and Partners 2014 "recommended as a children's public law expert who has experience of appearing in the Court of Protection." Chambers and Partners 2013 "extremely effective" advocate and a "good communicator." Chambers and Partners 2012 Education BSc (Hons) Southampton University Diploma in Law Bristol Polytechnic Trained Mediator Appointments In 2016 Andrew was appointed to sit as a Recorder in private and public family law Professional Associations Member Family Law Bar Association (FLBA) Member of the International Bar Association [IBA] Member of the Society of English and American Lawyers [SEAL] Member of the Association of Lawyers for Children [ALC] Personal Andrew is a keen traveller and enjoys experiencing different cultures. He enjoys keeping fit and is also an enthusiastic cook. Reported Cases R -v- Cornwall 1999 1FLR 1055 A Local Authority -v- S, W and T (by his Guardian) 2004 2 FLR 129 R (Adoption Contact) 2005 EWCA Civ/128 [2006] 1 FLR 373 Merton London Borough Council -v- K 2005 EWH C 167 [2005] 2 FLR 422 B (Children) [2012] EWCA Civ 1901 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC Andrew Bagchi QC Surrey County Council -v- AB [2014] EWHC 1115 (Fam) Re L [2015] EWFC 48 A –v B [2015] EWHC 1562 (Fam.) A London Borough and M and F and B [2015] EWHC 2407 "He has a persuasive and dedicated style in mediations and is an engaging advocate." Chambers and Partners 2014 Seminars and Lectures Andrew is regularly invited to provide training on legal developments and has written and presented courses on changes to statute to enable Local Authorities to be prepared for new procedures and concepts. Regular speaker at Chambers and external seminars He has delivered seminars as part of the ongoing 1 Garden Court CPD programme and also recorded podcasts on various aspects of the law. Write and run training events for Local Authorities on key Public Law Issues (to date on Adoption and Children Act 2002 and Drafting required documents for issue of proceedings under the Public Law Outline) 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC Andrew Bagchi QC Andrew Bagchi QC Call 1989 Silk Date 2015 Andrew has developed a successful broadly based practice which encompasses complex litigation involving children, divorce and ancillary relief and in conducting proceedings brought in relation to the vulnerable or incapacitated adult in the Court of Protection. 020 77 97 7900 bagchi@1gc.com He is regularly involved in 'heavy' medical cases involving allegations relating to the abuse of children. In the area of private law disputes he has a particular interest in cases with an international dimension, for example applications for the relocation of children to another jurisdiction or cases involving the status of foreign marriages or foreign divorce proceedings. Practice areas - Public Access Barristers - Children (public law) - Children (private law) Andrew has practised in the field of matrimonial finance for over 25 years and as a result has experience of all aspects of the law and practice likely to arise in the course of proceedings for financial remedies. Andrew also conducts proceedings in the Court of Protection and the High Court relating to health, welfare and property disputes concerning the vulnerable and incapacitated adult and has a particular interest is cases which involve claims of forced marriage. - Court of Protection - Family finance & property - Domestic violence & injunctions - International family law Recent Cases of interest include:A groundbreaking case in the Supreme Court on the impact of the ECHR on the imperative to protect vulnerable witnesses in family proceedings. An appeal concerning the participation of the subject child in secure accommodation proceedings. The representation of children in care proceedings where it was alleged that they were much older than represented by the documents of identity produced by their mother. These proceedings involved amongst other things the assessment of the age of the children, the establishment of their paternity and ultimately their identity, whether they ought to be permitted to give oral evidence to the Court and the use of wardship to secure Contact 1 Garden Court Temple London EC4Y 9BJ Telephone 020 7797 7900 clerks@1gc.com Email @1gc 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC 1gc Andrew Bagchi QC the welfare. The representation of an incapacitated adult in the Court of Appeal who sought to challenge the recognition of a marriage by the English court of a ceremony conducted over the telephone which was regarded as valid in another jurisdiction. The first English case in which the Court of Protection found there to be a 'non-marriage'. Several cases involving the 'forced marriage' of the vulnerable. Cases involving the challenge to Lasting Powers of Attorney. The successful representation of a father who had been obstructed from having contact with his children because of what were proved to be false and malicious allegations of sexual and other abuse made against him by the mother with the ultimate result that the children moved to live with their father. The successful representation of 2 mothers in separate proceedings seeking to relocate their children to the USA. The representation of a local authority to sought to protect a vulnerable elderly lady from the physical and financial abuse of her by a member of her family. Two ongoing cases involving allegations of fabricated illness in a child and a vulnerable adult. Since 2005 Andrew has been consistently highlighted in the Chambers and Partners guide as one of the leading juniors at the Family Bar and has included the following comments:2008: 'very able' 2009: 'extremely clear and knowledgeable' 2010: 'stand-out junior' 2012: 'a "rising star" in court of protection circles and "easy on the ear and straight talking," he is "a very able communicator who engages effectively with judges"' 2013 'so brilliant and easy to get on with. He has the right manner 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC Andrew Bagchi QC and the right approach' 2014 'personable, dynamic and persuasive' 'a very good barrister undertaking great work' In 2014 Andrew was assessed by the Chambers and Partners Guide as one of only 5 family law barristers who are in the Top 100 junior barristers nationally. His entry in the directory of Top 100 barristers describes him as "very approachable, very clever and very disarming," he brings a "highly collaborative approach to proceedings." 2015 "Knowledgeable and constructive in his advice and guidance." "He's hugely knowledgeable and has good judgement combined with really strong technical ability." "At the top of the list for instructions. Very pragmatic, he can get on top of issues very quickly. He's super-approachable and really responsive." 2016 "Precise, knowledgeable and effective, he has a great manner and way with clients." "He has a very nice air about him, is easy to get along with and very affable." (Family/Matrimonial) "A charismatic advocate who is a very co-operative and helpful opponent, a real team player. He has a huge grasp of this area of law and very much deserved taking silk this year." (Court of Protection) Leading Junior Legal 500: 2014 'An excellent advocate, who really knows his law.' 2015 'He has the ability to quickly pick up complicated issues and relay them in court' (Tier 1 New Silk) Languages: French, German Education and Appointments LLB Kings College, London. Professional Associations Member of the Family Law Bar Association Elected Member of the Bar Council Personal Married with a small son. 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC Andrew Bagchi QC Interests include: literature, new music, old music, walking the dog, Test cricket and golf. Reported Cases YLA v PM & MZ [2013] EWHC 3622 (Fam) (forced marriage, remedies, interplay with care proceedings). A Local Authority v SY 2013 EWHC 2535 (COP) (forced marriage, status of English Islamic ceremony, capacity) Re A (A Child) (Vulnerable Witness) [2013] EWHC 1694 (Fam) (special procedure for vulnerable witness, private law children proceedings) In the Matter of A (a child) 2012 UKSC 60 (disclosure of identity of vulnerable witness and complainant) D (A Child) [2012] EWCA Civ 627 (designation of local authority under a care order). Re J (Child Giving Evidence) 2010 2 FLR 1080 KD and LD v Havering LBC 2010 1 FLR 1393 Enfield LBC v SA and others 2010 1 FLR 1836 SH v NB (Marriage: consent) 2010 1 FLR 1927 City of Westminster v IC (By his friend the official solicitor) and KC and NN [2008] EWCA Civ 198 [2008] 2 FLR 267. (status of marriage of incapacitated adult-status of foreign marriage - relationship between inherent jurisdiction and Mental Capacity Act 2005) SK (Local Authority: Expert Evidence), Re [2007] EWHC 3289 (Fam) [2008] 2 FLR 707 (Expert evidence in proceedings concerning a mentally incapacitated adult) SK, Re; A LBC v KS and LU [2008] EWHC 636 (Fam) [2008] 2 FLR 720 (dispute as to residence of menatlly incapacitated adult, capacity to take decisions in relation to medical treatment, restraining forced marriage) R (Adoption: Contact), Re [2005] EWCA Civ 1128 [2006] 1 FLR 373 (post adoption sibling contact) K (Care: Threshold Criteria), Re [2005] EWCA Civ 1226 [2006] 2 FLR 866. (care proceedings: relevance of serious findings in relation to a child to the welfare of another child) Re L, Re V, Re M, Re H (Contact: Domestic Violence) 2000 2 FLR 634 (Guidelines case in the Court of Appeal concerning contact where domestic violence is a factor) Publications Andrew is a co-author of DIY Divorce & Separation: The Expert Guide to Representing Yourself (Jordan Publishing), 2014 http://diydivorce.familylaw.co.uk/1GC-Blog 1 Garden Court Famiy Law Chambers, 2016 Heads of Chambers Janet Bazley QC & Charles Geekie QC