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Simon
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Leeds 0113 228 5000
Newcastle 0191 221 2121
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Simon Wilkinson

Called 2010

Simon is a specialist Family law (with an emphasis on children law) and Court of Protection barrister.

Simon prides himself on ensuring that he builds a good rapport with clients whilst giving firm and frank advice. He is keen to be approachable to lay and professional clients alike and has established a reputation for his forensic approach - focussing on the key issues in the case in order to achieve the best results possible, whether in advice, negotiations with other parties or presenting a case in court.

He is happy to get involved in cases from the outset and advise on case management issues at the start of a case. At final hearings he ensures that he thoroughly prepared with a good grasp of the evidence at his fingertips.

Expert Family Law and Court of Protection Barrister

Areas of Expertise
Court of Protection
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Simon focusses on cases involving health and welfare but is happy to represent clients in all Court of Protection work.

He has acted for all parties (including P, lay respondents, CCGs and Local Authorities) in cases before all levels of judiciary concerning the rights of people covered under the Mental Capacity Act 2005 and the Mental Health Act 1983. Simon has been involved in cases involving health and welfare decisions, medical treatment cases and findings of fact. His expertise in the Family Court means that he has particular skills in assisting parties through the forensic evidential processes of fact finding cases. He is similarly interested and brings particular experience to cases which involve a cross-over with the Family Court jurisdiction.

Simon prides himself on being approachable and a ready port of call throughout cases. He is willing to provide advice to clients at all stages of the process and is therefore keen to take an "active" role in the preparation of cases including the drafting of documents, regular telephone conferences if required, right through to drafting consent orders at the conclusion of cases.

Simon also acts for all parties in cases involving financial decisions within the Court of Protection jurisdiction.

Simon is currently an active committee member for the Yorkshire and Humber CoPPA as part of which he takes a role in planning and organising events of interest throughout the year.

He is happy to provide training on any aspect of Court of Protection work to solicitors or other professionals.

Family: Children
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Simon practices in all aspects of children law. His practice encompasses the following areas:

Public law

Simon regularly acts for Local Authorities, parents, children and other parties in a wide variety of matters in all levels of The Family Court, including High Court level. He has represented parties at all stages of proceedings up to and including complex finding of fact hearings, issues resolution hearings and final hearings as well as at appeal and is regularly instructed in cases involving complex medical evidence/ inflicted injuries and involving serious and historic sexul abuse. Recent cases include: successfully appealing final orders made in care and placement proceedings, a case involving Fabricated or Induced Illness, a case in which the child had suffered an acute ischaemic hypoxic injury which led to permanent paralysis and number of cases involving historic sexual abuse which contained much complex and sensitive evidence including children giving evidence.

In care proceedings Simon's focus is on ensuring full and proper attention is given to all aspects of the evidence at all stages of the proceedings. He is keen to engage forensically with the evidence in order to represent the interests of his client fully, whether acting for the Local Authority, parents or children.

His expertise in the Court of Protection gives a keen interest and invaluable knowledge in cases concerning Deprivation of Liberty and he is happy to provide advice and representation in this new and developing area of law.

Private law

Simon has represented parents and children at all stages in private law children proceedings. He has acted in residence and contact disputes as well as cases concerning specific issue orders and prohibited steps orders. Simon also has experience in representing clients in enforcement proceedings under the Children Act 1989. Recently Simon has successfully appealed a case management decision finding a grandparent in contempt of court and has regular involvement in cases concerning changes of residence and other cases involving expert evidence and complex evidential issues.

His focus in such cases is on ensuring that clients have full and proper representation in an area of law which takes up a significant amount of court time and which is often overlooked. Simon is determined in such cases to bring a forthright and sensible approach: ensuring that clients have their cases put forcefully and thoughtfully whilst keeping the welfare of the children at the front of the court's mind.

Applications under the Family Law Act 1996

Simon has experience representing clients in applications for injunctive relief under the FLA 1996, including at contested final hearings.

Public & Admin Law
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Simon is a specialist Court of Protection and Mental Health law barrister.

Please see his Court of Protection profile for full details of his expertise in this area.

Notable Cases
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Re RD (Deprivation or Restriction of Liberty) [2018] EWFC 47

Represented the child before Cobb J. The Court considered whether the placement of a 14 year old child in Scotland under a Care Order amounted to a deprivation of her liberty. The Court noted that the case was 'finely balanced' and although finding that there was not a deprivation noted that had it made such declarations it would have invited the Local Authority to lodge a petition with the Court of Session using the nobile officium procedure to attempt to ensure that the placement was made legal in Scotland.

Within the judgment Cobb J commended the presentation of the case, commenting: '‘I have been particularly assisted in considering the issues by the written and oral advocacy of [counsel for the Local Authority] and Mr Wilkinson, who have presented their arguments with considerable skill."

Judgment on Bailii

Judgment on Family Law Week

 

A (Relinquished Baby: Risk of Domestic Abuse) [2018] EWHC 1981 (Fam)

Represented the child before Cobb J in an application under the inherent jurisdiction of the High Court. The Local Authority sought declarations that a relinquished baby could be placed for adoption without notifying either the putative father or the wider maternal and paternal family in circumstances where there was a serious risk of domestic violence posed by the father were he to discover the existence of the child. The Court granted the applications, rehearsing and drawing together the principles set out in previous authorities which needed to be considered when relinquished children were to be placed for adoption and the authority sought to without the information about the child's existence fom family members. Ultimately the child's welfare is paramount.

Judgment on Bailii

Judgment on Family Law Week

Articles & Publications
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Lectures
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Simon has given accredited talks on both private and public Family Law work as well as on issues relating to the Court of Protection. He is happy to give talks or conduct seminars on a variety of Family Law and Court of Protection topics and is happy to provide bespoke training if required.

Recent talks include:

  • Private Case Law Update
  • Shared Residence orders
  • Deprivation of Liberty update
  • Advice on how to mount a successful appeal
  • Variation of spousal maintenance orders
  • Private children law procedure in practice
  • The use of Section 20 of the Children Act 1989
Personal Details
Education

BA (Hons) English Literature (The University of Manchester, 2008)

GDL/ CPE (Manchester Metropolitan University, 2009)

Bar Vocational Course (Manchester Metropolitan University, 2010)

Winner, Louise Godfrey Q.C. Memorial Moot 2012 (North Eastern Circuit)

Professional Associations

Family law Bar Association

Lawyers For Children

Court of Protection Practitioners Association, Yorkshire and Humber (committee member)

North Eastern Circuit

Simon's Latest News
Awards &
Accreditations

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