Anita Guha KC acted for the Respondent mother in Hague abduction proceedings heard before Mr Justice Macdonald in the reported case of H v O (Art 13(b) and Domestic Abuse) [2025] EWHC 114 (Fam).
The judgment describes the case as having a number of complicating features revolving around the interplay between the Hague summary proceedings and parallel immigration proceedings, and the fact that it was asserted that the European country that the mother and children had fled from to the UK is a safe third country. The Secretary of State intervened in the proceedings and argued that there was no impediment to the court making a return order.
Anita Guha KC led Naima Asif in the proceedings instructed by Stephensons LLP in pursuing a successful Article 13b defence to defeat the application for summary return.
The court provided a salutary reminder that there is no rule that allegations of domestic violence and coercive control cannot found a successful Article 13b defence.
You can read the judgment here.
A member of the Clerking team will help you resolve your request.
Do you have an out of hours number?
Yes, please call Chambers mainline number +44 (0)20 7242 3555 and you will be directed to the out of hours phone lines.
How can I find out whether 7BR can take my case?
As a direct access client, please visit our direct access page and complete the initial form, a member of the clerking team will then be in touch to discuss the next steps.
Will my barrister deal with all the correspondence?
Some barristers have the ability to “conduct litigation” for direct access clients. Our clerks will be able to assist you as to which of our members are trained and accredited to do so.
How do I instruct a barrister?
Please visit our direct access page for the initial steps on instructing a barrister, or contact our clerks on +44 (0)20 7242 3555.