Barrister

Nathaniel Garner

Year of call 2013

Family

Nathaniel became a tenant in September 2016 after successfully completing a specialist Family Law pupillage under the supervision of Gerald Browne and Dornier Whittaker. 

Nathaniel accepts instructions in all areas of Family Law.

He is experienced in public and private children work as well as financial remedies.

In care proceedings Nathaniel represents parents, local authorities, children and grandparents. He is particularly adept at representing vulnerable clients and has been instructed through the Official Solicitor.

Further, Nathaniel has also acted on behalf of parents at all stages in private law proceedings and has appeared in applications, First Appointments, FDRs, final hearings and appeal hearings in financial remedy proceedings.

Before undertaking pupillage, Nathaniel worked as a county court advocate, representing clients in over 500 cases in a variety of civil matters. He was subsequently employed as a paralegal, specialising in Housing Law.

At the weekend Nathaniel can usually be found watching either Luton Town Football Club or North Ferriby United. He is also a keen, albeit distinctly average, cook.

Areas of Expertise

  •   Children Law: private and public law proceedings
  •   Financial remedy proceedings
  •   Domestic violence

Recent Cases

Public Law Children

  • Interim care orders (often instructed ‘last minute’ in cases including those involving non-accidental injury and factitious and induced illness).
  • Case management hearings (including Part 25 applications), issues resolution hearings and advocates’ meetings.
  • Numerous multi-day final hearings.
  • Secure accommodation orders.
  • Applications for leave to oppose adoption orders.
  • Representing the Respondent Local Authority in a contested final hearing involving the discharge of care orders, a declaration of non-parentage and the making of a special guardianship order in respect of one child and child arrangement order in respect of the other.

Private Law Children

  • FHDRA and FDA hearings.
  • Final hearings.
  • Finding of fact hearings.
  • Obtaining a specific issue order (travel abroad) on the morning that the Applicant Mother’s flight left the country.

Financial Remedies

  • First appointments, FDRs and final hearings.
  • Representing the Applicant in an application made under s.37 MCA 1973. Settling the whole set of proceedings on very favourable terms at the ‘on-notice’ second hearing.
  • Successfully resisting an application for permission to appeal in a case where the asset base was circa £1 million.

Domestic violence

  • Applications for non-molestation orders representing clients from ex-parte hearing through to final hearing.
  • 4 day final hearing involving allegations of serious violence.

Nathaniel is happy to provide advice in conference and in writing, where appropriate.

Reported cases

Re B (A Child) [2017] EWFC B11 – representing the Local Authority in a composite final hearing involving allegations of non-accidental injury perpetrated upon a child.

Seminars and articles

Nathaniel has spoken at Chambers’ seminars and at the offices of instructing solicitors.

His recent seminars include:

  • Public Law Update – February 2016 and October 2017
  • Internal relocation after Re C (Internal Relocation) [2015] EWCA Civ 1305 – April 2016
  • Reckless overspending (‘add-backs’) – May 2016
  • Special contributions – September 2016 and June 2017
  • Relocation, relocation, relocation – March 2017
  • Private Law update – June 2017
  • HRA damages and other relief in public law proceedings – October 2017

Nathaniel’s recent articles include:

  • Sharland and Gohil – when fraud unravels – October 2015
  • Internal relocation – a change in the landscape? – January 2016
  • Intervenors in financial remedy proceedings – February 2016
  • Self-incrimination in public law proceedings – June 2016
  • Child witnesses in care proceedings – June 2016
  • Can the court refuse to hear an application for an ICO after an unsuccessful application for an emergency protection order? – February 2017
  • ‘Getting your ducks in a row’: the danger of deficient local authority assessments – March 2017
  • Lack of secure accommodation: “Blood on our hands”? – October 2017
Nathaniel Garner

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