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James Holmes

  • Call: 2011

Practice

James specialises in the following areas: Children Law, Court of Protection, International Family Law, Financial Remedies and Public Access Family Law.

James is registered with the Bar Council to accept Direct Access work.

Children Law

James’s practice covers all aspects of Children Law; he has a particular interest in public law proceedings including care, supervision and adoption. He regularly appears in the High Court and Family Court on behalf Parents, Guardians and Local Authorities. James is experienced in dealing with cases involving sexual assaults on both adults and children; non-accidental injuries; Fabricated Induced Illness cases and serious allegations of domestic violence.

 

 

Notable Cases

Re SW [2015] EWCA Civ 27

James was instructed in behalf of the appellate mother in a successful appeal to the Court of Appeal against the final care orders made in respect of the mother’s three children. The appeal focused on whether it was appropriate for the court to have adopted a summary procedure in care proceedings and the interpretation of the Children Act provisions regarding the consideration of the permanency provisions of care plans.

Re X (A Child) (Female Genital Mutilation Protection Order) (Restrictions on Travel) [2017] EWHC 2898 (Fam)

James was instructed by Hertfordshire County Council in respect of their application for a Female Genital Mutilation Protection Order. The local authority issued these proceedings after a referral by the Health Visitor to safeguard X and to prevent any likelihood of mutilation by seeking orders preventing her mother or anyone else from taking X to Egypt. At final hearing the court made a Female Genital Mutilation Order until the child’s majority.

International Family Law  

James continues to develop his International Family Law practice, having recently been instructed in an ongoing case involving removal from the jurisdiction where FGM is a risk. James also has experience in dealing with cases involving international abduction and threats of abduction.

Financial Relief

James has a wide experience in claims for financial relief and associated TOLATA claims. James has represented clients in cases involving hidden assets, assets held out of the jurisdiction and cases where there is a dispute on the correct jurisdiction in which a claim for financial relief should be brought.

Court of Protection

James has experience of acting for vulnerable clients through his family practice, which has led him into Court of Protection work. He is currently developing a practice in the court of protection. He has been instructed in the following cases involving the following;

  1. a) Lasting Power of Attorney Disputes;
  2. b) Challenges to issues of Capacity;
  3. c) Personal Welfare disputes;
  4. d) Disputes involving property and affairs; and
  5. e) Challenges to DOLS in Section 21A proceedings

Pro Bono Work

James is a Legal Adviser and Trustee of the Temple Legal Centre a charity which provides free and independent legal advice to people involved in family law matters who are unable to afford legal advice. James is also a member of the Bar Pro Bono Unit and is a volunteer on the Court of Appeal Pro Bono Scheme (COAS).

Training

James regularly provides training to professionals, he most recently provided training on Female Genital Mutilation and Forced Marriage Protection Orders.

Background

Prior to joining Garden Court James undertook his pupillage a Trinity Chambers in Chelmsford before moving to 1 Gray’s Inn Square.

James studied law at Staffordshire University, where he obtained First Class Honours

James is a keen hockey player and hockey umpire in his spare time.

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