Andrew Bagchi KC

Practice Overview

• Children (Public Law)

  Andrew regularly represents parents, children and local authorities in serious and complex care and adoption proceedings, often involving allegations of serious harm including, sexual abuse, factitious and induced illness, child death and brain injuries.

  Recent reported cases include:

  N (Children: Fact Finding - Perplexing Presentation/Fabricated or Induced Illness), Re [2024] EWFC 326 - Andrew acted for the father in an extraordinary case, whereby the other parent [Mother] was accused of having fabricated and induced illnesses in her children over many years. After a hearing which spanned nine weeks the court made multiple findings of FII.

  Y & E (1996 Hague Convention: Article 11) [2023] EWCA Civ 817

  A Local Authority v BB & Ors [2022] EWFC 105

  R (Children: Control of Court Documents) [2021] EWCA Civ 162 (12 February 2021)

  T and R, Re (Refusal of Placement Order) [2021] EWCA Civ 71 (28 January 2021)

  G, Re [2020] EWFC 94 (22 December 2020)

  CTD (A Child: Rehearing) [2020] EWCA Civ 1316 (14 October 2020) - 

  London Borough of Southwark v A Family [2020] EWHC 3117 (Fam) (18 May 2020)

  The Local Authority v Mother & Ors [2020] EWHC 1216 (Fam) (26 February 2020) - Care proceedings concerning an 11-year-old child and the fact-finding hearing conducted into the circumstances surrounding the death of her elder brother.

  C (Female Genital Mutilation and Forced Marriage: Fact Finding) [2019] EWHC 3449 (19 December 2019) - A case concerning allegations of FGM and forced marriage. The court considered the difficulties in assessing the evidence of a vulnerable witness and what allowances, if any, the court can make for a witness who, by virtue of their learning disability, cannot give a coherent or credible account.

  A (No. 2) (Children: Findings of Fact) [2019] EWCA Civ 1947 - The Court of Appeal ordered a second retrial following the death of a 10-year-old child.

  Re A (Fact Finding, rib injuries) [2019] EWFC B89 - A fact-finding hearing to determine how a 17 month old child suffered a number of injuries resulting in hospital admission.

  Royal Borough of Greenwich v DC & Ors [2019] EWHC 1751 (Fam) - A case concerning two applications made by the local authority for a care order and for a placement order following the death of a previous child from non-accidental injuries.

  Poole Borough Council v GN and Another [2019] UKSC 25 - An appeal concerning the liability of a local authority for what is alleged to have been a negligent failure to exercise its social services functions so as to protect children from harm caused by third parties.

  W (A Child: No 4) [2017] EWHC 1760 (Fam) (10 July 2017) – A rare application for permission to set aside an adoption order allegedly made as a result of material non-disclosure. Review of the principles engaged. 

  J (Children), Re [2017] EWCA Civ 398 (23 May 2017) - An appeal against care order made in circumstances of serious procedural irregularity.

  SW & TW (Children: Human Rights Claim: Procedure) (Rev 1) [2017] EWHC 450 (Fam)  - An important decision on the making of claims for damages under the HRA 1998 within welfare proceedings where legal aid is used.

  W (A Child), Re [2017] EWHC 829 (Fam) (06 March 2017) - An application for an adoption order following serious historical procedural irregularity causing unfairness. 

• Children (Private Law)

  In private law disputes, Andrew has a particular interest in cases with an international dimension, such as applications for the relocation of children to another jurisdiction or cases involving the status of foreign marriages or foreign divorce proceedings. He has recently achieved relocation orders in favour of clients seeking to relocate to Finland, USA and France. He was also successfully opposed relocation to USA and another part of the UK. Andrew also has an excellent reputation for acting in high conflict cases where the principle of contact is in issue either where there are allegations of serious parental misconduct. He recently achieved a transfer of residence for the father in an 'alienation' case and is currently acting in a number of further such cases.

  Recent reported cases include:

  T (Children: Non-Disclosure), Re [2024] EWCA Civ 241

  Re C (‘Parental Alienation’; Instruction of Expert) [2023] EWHC 345 - the central issue raised was of general importance and relates to the instruction of experts in proceedings where there is an allegation of parental alienation

  Re A (A Child) [2016] EWHC 2691 (Fam) - An unusual application for relocation order following previous abduction of the child.

  QS v RS & Anor [2016] EWHC 2470 (Fam) (10 October 2016) - A residence and recognition of foreign adoption order.

• Family Finance & Property

  Andrew is routinely instructed in financial proceedings consequent upon divorce and family breakdown. He has a particular specialism in cases where one of the parties or children of the family suffer from disability, demonstrating the value of his simultaneous specialism in the Court of Protection. He is asked to advise in cases where the validity of the marriage is questioned.

  Andrew led the successful intervention in financial remedies proceedings for a family member where it was proved that the husband had used non-matrimonial money for his own purposes. He is currently acting in a case involving the validity of a historical mortgage transaction and another in which matrimonial assets are said to be locked into a company insolvency.

• International Family Law

  Andrew regularly represents parties in international relocation cases and cases which give rise to the jurisdiction of the English court, either as a part of abduction proceedings or as a prelude to a relocation application. Andrew has a particular interest in international adoption and recently acted in a ground-breaking case which involved the common law recognition of a foreign adoption order which engaged the HRA.

  Recent cases include:

  QS v RS & Anor [2016] EWHC 2470 (Fam) (10 October 2016) - A residence and recognition of foreign adoption order.

• Court of Protection

  Andrew regularly appears in the Court of Protection in cases involving the personal welfare, health and financial arrangements of persons lacking mental capacity under the Mental Capacity Act 2005. He acts for the Official Solicitor and Public Authorities in complex health and welfare cases. He has a wide breadth of experience in cases which involve capacity to engage in sexual relations, marriage and international issues. Medical cases in this area include those which deal with end of life management and medical intervention to treat eating disorders.

  Andrew is also very interested in the protection of the vulnerable from financial exploitation and is involved in a number of cases where the exercise of powers of attorney and deputyship have been questioned.

   Recent cases include:

  London Borough of Tower Hamlets v NB (consent to sex) [2019] EWCOP 27 (16 July 2019) Controversial case concerning the alleged ‘rights’ of married couples to enjoy sexual relations when one arguably lacks capacity. 

  X Health Authority v D [2019] EWHC 2311 (Fam) (22 August 2019) Identification of treatment options for a patient with a chronic eating disorder, including forced feeding.

  Imperial College Healthcase An NHS Trust v MB & Ors [2019] EWCOP 29 (08 May 2019) Regarding the conflict between a patient’s mother and the Doctors towards the insertion of a tracheostomy to improve the patient’s palliative care.

  AB v HT and Others [2018] EWCOP 2 Capacity to marry. Effect of religious marriage and protective orders in relation to a vulnerable adult from forced marriage

  London Borough of Brent v NB [2017] EWCOP 34 Capacity to make decisions re care and treatment.  Enmeshed relationship with parent - quasi FII.

  Kirk v Devon County Council & Anor [2017] EWCA Civ 260 (12 April 2017). Committal proceedings in the COP.

  A County Council v AB & Ors (Participation of P in Proceedings) [2016] EWCOP 41 (31 May 2016) Guidelines decision on participation of P and P giving evidence in the COP.

  W (Medical Treatment: Anorexia), Re [2016] EWCOP 13 Treatment options for anorexic patient in the Court of Protection.

  M, Re [2015] EWCOP 69 (07 July 2015) Appointment of health and welfare deputy.

  CWM TAF University v F [2015] EWHC 2533 (Fam) (15 May 2015) Application to remove artificial nutrition and hydration in patient with PVS.

• What the Directories Say

  Andrew is consistently ranked in Chambers and Partners and Legal 500 as a leading individual in both Family Law and Court of Protection categories. 

  "Andrew is an exceptional advocate, who expertly tailors his cross-examination technique to the witness in front of him." Band 2 - Chambers and Partners, 2025

  "Andrew is a go-to silk for complex, forensically challenging cases." Band 2 - Chambers and Partners, 2025

  "Andrew is an excellent barrister who clearly knows his stuff in CoP cases." Band 2 - Chambers and Partners, 2025

  "The clients were really happy with Andrew due to his calm demeanour when tackling difficult issues." Band 2 - Chambers and Partners, 2025

  "Andrew provides comprehensive, pragmatic and prompt advice throughout. His advocacy is brilliant." Tier 3 - Legal 500, 2025

  "He's an attractive advocate, who's very economical and good at identifying strong points and making them in an effective way." Band 2 - Chambers and Partners, 2024

  "Andrew is very clever and has a disarming advocacy style." Band 2 - Chambers and Partners, 2024

  "Technically excellent and always approachable and available." Band 2 - Chambers and Partners, 2024

  "Andrew is simply unflappable. He cuts through the detail and can simplify complicated issues with ease. He is one of the most personable and down-to-earth barristers. He is a go-to silk for children matters." Tier 3 - Legal 500, 2024

  "Andrew is compassionate when dealing with complex cases and navigates voluminous medical and expert evidence with ease. He guides the court to the conclusion that's in the best interests of the children." Band 1 - Chambers and Partners, 2023

  "Andrew is very thorough and has excellent advocay skills." Band 1 - Chambers and Partners, 2023

  "He's very affable and good with clients." Band 1 - Chambers and Partners, 2023

  "Andrew is exceptional. He is wonderful to work with in any case involving complex fact finding." Band 1 - Chambers and Partners, 2023

  "Andrew listens and supports his clients with remarkable client care skills. His preparation and cross-examination is second to none. He instills complete confidence in clients and solicitors alike." Tier 3 – Legal 500, 2023

  “Andrew's strengths are his superior knowledge of the law alongside his very personable and down-to-earth manner.” Tier 3 – Legal 500, 2022

  "A calm communicator who impresses with his willingness to have a chat about difficult points in a case." "Superbly relaxed even with the trickiest of clients." Band 2 - Chambers and Partners, 2021

  "He has a good understanding of the law and is quick to identify the real issues in a case and provide a straightforward and pragmatic answer." "He is skilled in making complicated things sound easy." "He’s extremely personable, his drafting is excellent and he is superb on his feet. He is extremely adept all round." Band 1 - Chambers and Partners, 2021

  “Friendly, accessible and very quick to respond. Clearly at the very top of the tree for children work.” Tier 3 - Legal 500, 2021

  “Is a strong and forceful advocate. He has a lovely personable nature who inspires confidence in his clients yet manages to put them at ease.” Tier 2 - Legal 500, 2021

  "Gets straight to the point and his cross-examination is peerless, often lulling witnesses into a false sense of security." Legal 500, 2020

  "Has a remarkable ability to put clients at ease and present cases in an unfussy manner." Legal 500, 2020

  "He is a fantastic advocate who is very easy to get along with and is a very good team player." Chambers and Partners, 2020

  "Extremely approachable and sensible, he adopts a good tactical approach to cases. Judges and experts find him charming." Chambers and Partners, 2020

  "A standout in how you would want to conduct yourself as a barrister." Chambers and Partners, 2020

  "Outstanding children lawyer with a fantastic ability to analyse parents’ motives and behaviour." Legal 500, 2019

  "Well liked by clients." Legal 500, 2019

  "He's an excellent individual and a heavyweight silk. He's steely, ferocious and very sharp." Chambers and Partners, 2019

  "He brings a remarkable level of calm to even the most challenging of cases. His knowledge and experience of the court systems and processes is always of benefit in ensuring a smooth ride for clients. His written opinions are not just legally sound but pragmatic and sympathetic." Chambers and Partners, 2019

  "Well thought of by his peers and by the Bench, he has excellent client care skills and is an effective, organised and decisive advocate who always gets to the root of the problem." Chambers and Partners, 2017

  "A strong advocate with a comprehensive command of children law. He has an excellent manner with clients and is clearly well respected by the judiciary." Legal 500, 2017

  "Precise, knowledgeable and effective, he has a great manner and way with clients." Chambers and Partners, 2016

  "He has a very nice air about him, is easy to get along with and very affable."  Chambers and Partners, 2016

  "A charismatic advocate who is a very co-operative and helpful opponent, a real team player. He has a huge grasp of this area of law and very much deserved taking silk this year." Chambers and Partners, 2016

  "Knowledgeable and constructive in his advice and guidance." 2015

  "He's hugely knowledgeable and has good judgement combined with really strong technical ability." 2015

  "At the top of the list for instructions. Very pragmatic, he can get on top of issues very quickly. He's super-approachable and really responsive." 2015

• Notable Cases

  W, Re ( Appeal: Fact-Finding) [2024] EWCA Civ 1590 (20 December 2024)

  N, Re (Children: Fact Finding - Perplexing Presentation/Fabricated or Induced Illness) (Rev1) [2024] EWFC 326 (11 October 2024)

  North Northamptonshire County Council v A Mother & Ors [2024] EWFC 281 (24 April 2024)

  Z, Re (Infant Fatality) [2024] EWHC 618 (Fam) (18 March 2024)

  T (Children: Non-Disclosure) [2024] EWCA Civ 241 (18 March 2024)

  T (Children: Non-Disclosure) [2024] EWCA Civ 241 (18 March 2024)

  N, Re (Children: Findings Against A Professional Witness: Joinder or Intervention) [2024] EWFC 17 (B) (30 January 2024)

  S (Children: Findings of Fact) [2023] EWCA Civ 1113 (04 October 2023)

  Y & E (1996 Hague Convention: Article 11) [2023] EWCA Civ 817 (12 July 2023)

  London Borough of X v M & Ors [2023] EWFC 171 (B) (29 March 2023)

  Re C ('parental Alienation'; Instruction of Expert) [2023] EWHC 345 (Fam) (21 February 2023)