New High Court authority on FGM and forced marriage

Nick Brown, led by Teertha Gupta KC, has appeared in the High Court in a precedent-setting case on FGM and forced marriage – Re M and S (FGM and FM Protection Orders: Nigeria) [2026] EWHC 2865 (Fam).

The case concerned a Nigerian family with no right to remain in the UK – with Teertha and Nick representing the father whose daughters were said to be at risk of FGM and forced marriage upon any return to Nigeria despite it being agreed that the father was wholly opposed to such practices.

In making the protective orders sought, Harris J addressed a range of novel points and clarified others in this complex field.  These included: subject to the facts, the importance and value of an English court making orders even when they will be unenforceable abroad; the permissibility of assessing risk without engaging in proceedings those said to pose risk; the interplay between the family justice system and the immigration/asylum system and the ongoing duties of a local authority post-proceedings.

For the full judgment, see: https://caselaw.nationalarchives.gov.uk/ewhc/fam/2026/2865