Andrew Bagchi QC

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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
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