St. Philips Chambers

Nick Brown

Nick Brown

Introduction

Originally from the West Country, Nick has been at St Philips throughout his career at the Bar.  From 2005-2006, he undertook a broad-based pupillage here and, as a new/junior tenant, practised across a range of fields.  He has now long since specialised in care proceedings and also has an interest in cases involving wardship, forced marriage and FGM.

Nick has joined with other members of Chambers in providing training to solicitors and social workers throughout the region.  Nick has published a number of articles in the area of children law (including a series short-listed for the inaugural Family Law Awards and taught at university level).  Nick has also acted as a pupil supervisor and has been a member of the pupillage committee.

Nick is very committed to what he does and aims to provide a highly professional service in a way, he hopes, that is both approachable and sympathetic.

Public Law Care and Adoption

Nick represents local authorities, parents and children across the Midlands.  Cases of particular note (before judges of the High Court or the Court of Appeal), have included representing:

  • As second junior, a father whose child had been taken to Syria by his mother who then became a member of ISIS
  • As second junior, a mother facing allegations of intra-familial sexual abuse at a fact-finding hearing lasting four months
  • A grandmother securing the placement of her grandchildren with her in Jamaica and a substantial costs order against the local authority
  • An 18-year-old Ukrainian national securing his adoption by his British aunt
  • A local authority securing findings against parents that they had branded their baby with placement then secured with extended family in rural Bangladesh
  • A mother falsely accused of murdering the father of their children
  • A local authority securing declarations permitting the placement of a baby for adoption without notification being given to the father or any wider family members that the baby had been born
  • A local authority in its applications for wardship, FMPO’s and FGMPO’s in respect of two sisters relocated from the UK to Somalia
  • A baby shaken with sufficient force to be blinded and trigger an investigation for attempted murder
  • As junior to King’s Counsel, a local authority resisting a child’s placement with his father in California under the Hague Convention 1980 with placement then secured via care proceedings with extended family in Florida (remote attendance also being required at a number of hearings in Florida – without leader)
  • The children, in the Court of Appeal, on the question of whether it is mandatory to join children and appoint a children’s guardian on an application for leave to apply to revoke a placement order and on the question of whether a prospective carer’s change of mind can alone establish the requisite change in circumstances for leave to be considered – with the Court of Appeal referring key issues raised to the Family Procedure Rule Committee for review
  • The children on the question of whether a recent pool finding can establish solid grounds for reopening earlier findings of inflicted injuries and on the question of whether threshold findings can be made to the criminal standard
  • A local authority facing coverage in the national media relating to its reliance on DOLS and its efforts to obtain a placement in secure accommodation for a teenager accused of multiple rapes and other sexual offences
  • A local authority seeking care orders in respect of four children of Syrian origin who had been brought to the UK by their father via Egypt, through Europe and finally on a small boat across the Channel – with the father then threatening to kill their older sister
  • A local authority, before a judge of the High Court and then in the Court of Appeal before the President, responding to an application for the revocation of adoption orders – an application raising questions as to the extent of the inherent jurisdiction and (at first instance) the applicability of MFPA 1984 s31F, the appropriate approach to “exceptionality” and the law on surname changes following an adoption breakdown
  • A local authority responding to an application made by a UK and non-UK citizen both living in Dubai to adopt under English law a child they had previously adopted in Sierra Leone – an application raising questions as to the meaning of “the home environment” under ACA 2002 s42(7)(b)

Published Cases

Re Y (A Child) (Care Proceedings: Fact Finding) [2016] EWFC 30 [2016] 2 FLR 1074 [2016] Fam Law 1080 [2016] 5 WLUK 521

Re C (A Child) [2016] EWFC B110

Re B (Care Proceedings: Finding of Fact Hearing: Skull Fractures) [2017] EWFC B30

Re P (Sexual Abuse: Finding of Fact Hearing) [2019] EWFC 27 [2019] 4 WLUK 684

Re D [2019] EWFC B65

Re J (Care Proceedings: Placement in Bangladesh) [2020] EWHC 490 (Fam) [2021] Fam Law 190 [2020] 3 WLUK 740

Re A and B (Fact Finding: Head, Bony, Eye and Soft Tissue Injuries) [2020] EWFC 104 [2020] 11 WLUK 628

Re AB and CD (Threshold Criteria: Murder Investigation) [2021] EWFC 104 [2021] 4 WLUK 662

Re XX (A Child) (Jurisdiction; Hague Convention 1980; Hague Convention 1996) [2022] EWHC 2322 (Fam) [2023] 1 FCR 573 [2022] 7 WLUK 634

Coventry City Council v The Mother (BB) & Ors [2023] EWHC 1284 (Fam) [2023] 5 WLUK 459

Re G and H (Leave to Revoke Placement Order) [2023] EWCA Civ 768 [2024] Fam 51 [2023] 3 WLR 827 [2023] WLR(D) 296 CA

[2024] 1 FLR 268 [2023] 3 FCR 502 [2023] CLY 869 [2023] Fam Law 1050 [2023] 7 WLUK 40

Re Z (Care Proceedings: Reopening of Fact Finding) [2023] EWFC 137 [2024] 1 FLR 433 [2023] Fam Law 1277 [2023] 8 WLUK 72

Re X and Y (Revocation of Adoption Orders) [2024] EWHC 1059 (Fam) [2024] 1 WLR 5167 [2024] WLR(D) 207 Fam D [2024] 2 FLR 1080 [2024] Fam Law 959 [2024] 4 WLUK 489

Re A (Care Planning) [2024] EWFC 155 (B) [2024] 5 WLUK 687

Leicestershire County Council v Amy & Ors (Lack of Multiagency Approach to Deaf Parents) [2024] EWFC 364 (B)

[2024] 12 WLUK 226

Re X and Y (Children: Adoption Order: Setting Aside) [2025] EWCA Civ 2 [2025] 3 WLR 173 [2025] WLR(D) 36 [2025] 2 FLR 274 [2025] 2 FCR 470 [2025] 8 CL 88 [2025] Fam Law 293 [2025] 1 WLUK 96

Re B (Adoption Assessment) [2025] EWHC 103 (Fam) [2025] 4 WLR 24 [2025] Fam Law 424 [2025] 1 WLUK 444

Articles

‘Striking Out the Strike Out: Private Law Fact-Finding Hearings and Weak Allegations’ [2009] Fam Law 687

‘Safeguarding Children Living with Trauma and Family Violence: Evidence-Based Assessment, Analysis and Planning Interventions’ [2010] Fam Law 213 (Book Review)

‘Different Approach to Children’s Allegations’ [2011] Fam Law 430

‘The Retention of Children after Contact Part 1: Core Principles‘ [2011] Fam Law 497

‘The Retention of Children after Contact Part 2: Ex Parte and On Notice Hearings’ [2011] Fam Law 623

‘The Retention of Children after Contact Part 3: The Role of Cafcass and Other Considerations’ [2011] Fam Law 708

‘FGM and the Redundancy of the Term “Male Circumcision”’ [2017] Fam Law 88

‘Why Family Law Treats Female Genital Mutilation and Circumcision Differently: An Explanation’ [2023] OJLR https://doi.org/10.1093/ojlr/rwad012

‘Threshold Findings and the Criminal Standard’ [2023] Fam Law 1451

Education

1995 – 1999: Theology and Religious Studies BA (Cambridge: First Class)

2002 – 2003: Herchel Smith Scholar (Harvard)

2003 – 2004: GDL (Oxford Brookes: Distinction) and Lord Bowen Scholar (Lincoln’s Inn)

2004 – 2005: BVC (Inns of Court School of Law: Outstanding) and Lord Denning Scholar (Lincoln’s Inn)

2020 – 2022: LLM by Research (Oxford Brookes with external examination via King’s College London and thesis published in article form by Oxford University Press)

Appointments and Memberships

Lincoln’s Inn

Midland Circuit

Family Law Bar Association

West Midlands Family Law Bar Association

Testimonials

“Nick is one of the most determined barristers on the circuit.  He is a personable and popular barrister but once his game face is in place, there it remains.  He is an intelligent and thoughtful advocate, whose submissions are measured, pertinent and carefully crafted.” Legal 500

“Nicholas is conscientious, well-prepared and determined to fight his client’s corner at all costs. He is passionate about fairness. He is eloquent and measured in his oral submissions.” Legal 500

“Nicholas has a very approachable and caring manner. He takes an incredibly sensitive approach with clients with learning disabilities, communicating apprehension and vulnerabilities to the tribunal to secure extra time and measures to ensure cases are conducted in a manner to enable full involvement and accommodation of any needs and special measures. He is always thoroughly prepared and is available for discussion at any time. He produces professional and comprehensive position statements and skeleton arguments.” Legal 500

“Nick is very thorough, well prepared and a highly effective advocate. His drafting is also exceptional. Highly respected by all of the Judges on the Midlands circuit, as well as in the High Court.” Legal 500

“Fantastically analytical and a creative problem solver.” Legal 500

“He has great client empathy and fights their corner in court.” Legal 500

“His advice is clear, sound, and extremely thorough.” Legal 500

Languages

English

Nick Brown

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