Barrister Nicholas Stoner

Nicholas Stoner QC

Year of call: 1993  Silk: 2015

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“He is remarkable: a fantastically well-prepared lawyer.”

Chambers & Partners UK 2016

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Overview


Child & Family

Child & Family


Public law children – Nicholas is regularly instructed in complex are proceedings. He has a particular interest in cases involving complex medical evidence (including suspicious death, factitious and induced illness, shaking and sexual abuse)  jurisdictional issues, cultural/religious issues and interfaces between the care jurisdiction and the Court of Protection and Mental Health Act.

Recent cases in silk have included: acting for the local authority in a disputed application for transfer of jurisdiction to Lithuania under article 15 Brussels IIA; acting for the mother in a case involving a deceased infant with a range of suspicious injuries; acting for the father in a case involving teenage children with fluctuating capacity and mental health issues; acting for the mother in a case involving Female Genital Mutilation; acting for the children’s guardian in inherent jurisdiction proceedings after new evidence emerged subsequent to a fact-finding hearing.

Private law children – Nicholas  represents family members across the spectrum of private law disputes and has a particular interest in relocation cases.

Forced Marriage – Nicholas provides advice and representation, often at short notice, for local authorities and family members involved in proceedings under the Forced Marriage (Civil Protection) Act 2007.

Medical Treatment – Nicholas provides advice and representation, again often at short notice, for NHS Trusts, local authorities and family members where the proposed medical treatment of a child or vulnerable adult is in dispute.

Matrimonial Finance – Nicholas has a particular interest in cases involving high net worth and/or hidden assets.

Safeguarding and policy – Nicholas is regularly instructed by local authorities and other public authorities to advise on safeguarding and policy issues in connection with the discharge of responsibilities towards children and vulnerable adults. Recent instructions have involved serious case reviews, safeguarding adult reviews and financial support for family carers.

Mental Health & Court of Protection
Court of Protection: Nicholas  represents vulnerable adults (by litigation friends including the Official Solicitor)  local authorities and family members. He has a particular interest in cases where the Court of Protection jurisdiction overlaps with the care or forced marriage jurisdictions. He deals with Community Care issues and has delivered seminars and training related to the Care Act 2014 including Welfare and Safeguarding. In September 2015, Nicholas chaired the Court of Protection Practitioners Association (CoPPA) annual national conference in Leeds.

Child & Family Cases


County Durham & Darlington NHS Foundation Trust v. SS [2016] EWHC 535(fam)

Represented NHS Trust in application under the inherent jurisdiction for declarations relating to the medical treatment (including potential non-resuscitation) of a 7 year old child; treatment plan opposed by parents

North Yorkshire County Council & Another v. MAG [2016] EWCOP 50-1

Representing the local authority in successfully appealing against the refusal of an application for the authorisation of the deprivation of liberty of a 35 year old man with autism, a learning disability and other complex difficulties, at the home where he had lived since 2006.

Re S (Children) [2016] EWCA Civ 83 (CA)

Representing the subject children (by their Children’s Guardian) in care proceedings involving allegations of sexual abuse; the Court of Appeal considered the Supreme Court’s guidance in Re W (Children) [2010] UKSC 12 in the developing landscape in relation to the involvement of children and other vulnerable witnesses in Family Court proceedings.

Re C (Jurisdiction and Enforcement of Orders Relating to Children) [2012] EWHC 907 (Fam); [2012] 2 FLR 1191

Representing the local authority in care proceedings where a Belgian court had ordered that the child should be summarily returned to Belgium.

M-W (A Child) [2010] EWCA Civ 12 (CA)

Representing the child (by her Children’s Guardian) supporting the Local Authority’s appeal against the decision to dismiss care proceedings.

Northumberland County Council v. Z, Y, X (By Her Children’s Guardian) and the Government of the Republic of Kenya [2009] EWHC 498 (Fam); [2009] 2 FLR 696, FD

Representing a Local Authority in care proceedings concerning a child who had been brought into the UK illegally; subsequent issue as to the disclosure of case materials to the police, immigration authorities and Kenyan authorities.

Re B (Fact-Finding Hearing: Evidence) [2008] EWCA Civ 1547; [2009] 2 FLR 14 (CA)

Representing a Local Authority appealing the outcome of a fact-finding hearing within care proceedings.

Re S; Newcastle City Council v. Z [2005] EWHC 1490 (Fam); [2007] 1 FLR 861 (Fam D)

Representing the child (by his Children’s Guardian) in a freeing for adoption case where the mother opposed on religious grounds.

Y and K (Split Hearing: Evidence) [2003] EWCA Civ 669; [2003] 2 FLR 273 (CA)

Representing a Local Authority appealing the outcome of a fact-finding hearing within care proceedings.

Re C (Leave to Remove from Jurisdiction) [2000] 2 FLR 457 (CA)

Representing a mother on an appeal against the refusal of her request for permission to take her child to live abroad with her new husband.

C v. K (Inherent Powers: Exclusion Order) [1996] 2 FLR 506 (Fam D)

Representing a woman seeking the exclusion of her former partner from her home


How to get in touch


For more information please contact our clerks by calling +44 (0) 20 7242 3555 or by email.

Privacy Notice


Nicholas is committed to protecting and respecting the privacy of individuals. In order to provide legal services, including advice and representation services, Nicholas needs to process personal data. This will include client’s personal data and the personal data of others who feature in the course of any matter upon which he is instructed.

Nicholas will process personal data in accordance with his Privacy Policy.

Please click here to see how Nicholas will, absent any other arrangement with those instructing him, fulfil any Joint Controller responsibilities he may have under relevant data protection legislation.

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