Hannah Markham KC

Practice Areas

Hannah is a formidable silk renowned for her role in leading and appellate cases, often those that tackle ground-breaking areas of law.

Since taking silk Hannah has balanced complex private law cases, international children law cases and appellate work with the most serious of public law (care) cases. She is also renowned for law defining cases in the area of ‘Modern Families’.

Private law cases involve those with the most serious of issues, domestic abuse, alienation and emotional abuse; physical abuse including sexual and those with international and complicated relocation (both internal and external) arguments.

Known for her work in cases involving serious allegations of sexual abuse, physical abuse and emotional harm, she is also highly regarded in her work in medical cases: non accidental injury, shaken baby syndrome and cases involving mental health issues. She impresses with her good reasoning both in and outside court and is said to have the ‘ear’ of the court.

Hannah’s work also focuses on judicial review issues both within family law cases and as free-standing issues, notably her recent challenges against the Government in respect of transgender parental right issues, surrogacy cases and in respect of diplomatic immunity and the interplay with child protection. Her approach to clients is noted as being highly personable, warm, open minded and thorough; be they lay or professional clients. Her attention to detail and management of case papers is standout. Hannah is recognised as a skilled advocate in questioning vulnerable parties and children in both private and public law cases.

Recent cases:

• London Borough of Barnet v AG & Ors [2021] EWHC 1253 (Fam) Challenging the interplay between diplomatic immunity and child protection.

• AB v CD [2021] EWHC 819 – a successful appeal to Roberts J from a decision addressing allegations of rape in private law proceedings.

• Re H-M [2021] EWCA Civ 748 – successful argument resisting a rehearing of facts found in a family hearing when a subsequent criminal case found one person guilty of all acts. See also Re T (children) [2020] EWCA Civ 1344

• XM v XF [2021] EWHC 1279 Roberts J, case involving use of this jurisdiction to determine welfare matters for British Children living in the UAE.

• F v M [2020] EWHC 2670, Francis J; relocation from UAE to England when children habitually resident in UAE; use of English jurisdiction.

• Number of private law cases involving high profile parents and their children, managing a range of issues from relocation, allegations of domestic abuse and mental health issues.

• Number of private law cases successfully arguing coercive controlling and violent behaviour in fact finding hearings.

• In public law cases; a range of cases from serious harm to children (head injuries/ extensive injuries), to complex wide-ranging sexual abuse matters.

Hannah is due to be the Chair of the FLBA from January 2022 and remains the Chair of Women in Family Law, an association she brought together for all women who practice in Family law. She is also the Vice chair of the FLBA and Head of Family at 36 Group.

Hannah is also a part of the President’s Working Group reviewing changes in Public law, was part of the sub-committee reviewing guidance for Special Guardianship orders and currently reviewing the ambit and scope of supervision orders. She was also the Chair of a commission reviewing Child Poverty in Milton Keynes.

Hannah was awarded Chamber & Partners Family Silk of the year in 2020 and in the same year was also named as Lexis Nexis Family Silk of the year 2020.

Career

Called 1998 Lincoln’s; Silk 2016 Arbitrator and Mediator.

Professional Memberships

FLBA Chair elect 2022

Women in Family law Chair

Resolution

Languages Spoken

Spanish, conversational French.

Work Highlights

Notable cases

Re R [2022] EWFC 130

https://www.bailii.org/ew/cases/EWFC/HCJ/2022/130.html

X (Female Genital Mutilation Protection Order No.2), Re [2019] EWHC 1990 (Fam) (24 July 2019) EWHC 1990 (Fam)

Re- hearing on an application for a world wide travel ban within a Female Genital Mutilation Protection order. Travel ban upheld with permission for a one-off trip to Egypt to visit F

L v (1) L (2) N (BY HER CHILDREN’S GUARDIAN) (2017)

A child arrangements order was made specifying with which parent a child should live when she was in the future discharged from hospital where she was being treated for an eating disorder. Although it was unusual to make an anticipatory child arrangements order, the child had an urgent need for certainty in her living arrangements once discharged, and continued uncertainty would detract from the possibility of her recovery.

BARNET LONDON BOROUGH COUNCIL v AL & 9 ORS (2017)

Where the local authority and the mother disagreed as to whether a baby who was subject to an interim care order should have vaccinations, the court made a declaration under its inherent jurisdiction that it was in the child’s best interests for the local authority to arrange for him to receive them.

RE H (DOMESTIC SURROGACY ARRANGEMENT) sub nom (1) B (2) A v (1) C (2) D (3) (BY HER CHILDRENS GUARDIAN ANGELA ADAMS) (2016)

Where a surrogacy agreement between male same-sex partners and the surrogate and her husband had broken down, with the latter unwilling to give up the child, it was in the child’s best interests to place her with the same-sex partners. The placement would best meet her identity needs in the wider sense of her being a child of intended gay parents, whereas the surrogate and her husband had formed entrenched negative views of the partners and were unlikely to be able to give an accurate and balanced view to the child about her circumstances and background.