In March 2018 Sara Chalk represented the child through her Children’s Guardian at a 5 day fact finding hearing regarding non-accidental injuries of multiple bruises on several parts of the body including to the head, face, chest, back, thigh and ear. The case had some complexities due to there being 6 intervenors who were litigants in persons. Two of these intervenors had learning difficulties and therefore had the benefit of an intermediary. At the conclusion of the 5 day fact finding hearing the mother and her partner were found to be in the "pool" for the perpetration of the injuries to the child.
Following conclusion of the fact finding hearing a psychological assessment and parenting assessment of the mother and her partner were directed. During the assessment process regarding the welfare stage of the proceedings the psychologist reported that the mother had difficulty in terms of her ability to understand and express herself verbally. The mother’s solicitor sought a report by an intermediary and this recommended that the mother have the assistance of an intermediary. An application was then made to the trial judge on behalf of mother to reopen the fact finding hearing and set aside the previous findings in light of the psychological assessment and intermediary report. The judge refused the mother's application for a rehearing. The mother appealed this decision.
In November 2019 the Court of Appeal held that a wholesale failure to apply the Family Proceedings Rules 2010, Part 3A made it highly likely that the resulting trial would be judged to have been unfair. The Court of Appeal allowed the appeal and ordered a re-hearing which is due to take place in March 2020 at which Sara Chalk will once again represent the Children’s Guardian.
Legal expertise we offer at No.18 Chambers
Public Law Children: Care Proceedings and Adoption
Our specialist public law care barristers are well-known experts in providing advice and advocacy in public law children proceedings for all parties including parents, children, wider family members (...
Learn More About Public Law Children: Care Proceedings and Adoption
Private Law Children: Residence and Contact
The Care & Children team are a well-established and highly committed team of practitioners with a depth and breadth of experience in both private and public law matters at all levels of call to en...
Learn More About Private Law Children: Residence and Contact
Family: Finance
The Family Finance team is a well-established and highly committed team of practitioners with a wealth of experience in matrimonial finance and trusts of land....
Employment & Discrimination
Chambers has a well-established employment practice. Members of our team provide a high quality, effective and approachable service, focusing on the particular needs of the client. We regularly repres...
Chancery and Commercial
Members of the Chancery & Commercial practice group cover a broad and diverse range of disputes, we are highly experienced, able to assist with both non contentious and contentious issues and able...
Personal Injury & Clinical Negligence
Members of Chambers act for both claimants and defendants in personal injury, clinical negligence, product liability and fatal accident claims. We have experienced advocates at all levels of seniority...
Immigration
Members of Chambers offer advice and representation in respect of a full range of immigration and asylum matters; representing clients across the country in the First Tier Tribunal; the Upper Tribunal...
Property
Members of Chambers advise and represent clients in the full range of property matters appearing in the County Court, High Court, Appellate Courts and the Land Tribunal....
Out of Court Solutions (NCDR)
No.18 Chambers pride ourselves on being forward thinking especially in the ever changing climate that we face at the present. Having developed one of the strongest and diverse local Family and Civil t...




















