Deirdre Fottrell KC

Practice Overview

Deirdre Fottrell specialises in the law relating to children. She is also a leading practitioner in the field of surrogacy and assisted reproduction cases in which issues of legal parentage arise.

Deirdre sits as a Deputy High Court Judge. She has appeared at all levels of court in the UK including the Supreme Court and has litigated cases before the European Court of Human Rights. Deirdre has particular expertise as appellate counsel and has appeared in the Court of Appeal on over 20 occasions between 2018-2021. In 2018 she acted for the appellants in the UKSC in the case of Williams v the London Borough Of Hackney.

She has broad experience in public law cases in which allegations of sexual abuse, radicalisation or fatal injury arise.  In private law she acts in residence, contact and relocation disputes. 

Deirdre was a university lecturer before coming to the bar. She has taught and published in the area of children's rights, European human rights and international law since 1995.  She has taught at the Institute of Commonwealth Studies, University of London and the University of Essex.  From 2002-2012 she was a visiting professor at the School of International Affairs at Columbia University in New York. She has acted as a Council of Europe expert on the ECHR and in an advisory capacity to UNIFEM.

• Children (Private Law)

  In private law matters she has wide experience in residence and contact disputes. She also has particular expertise in surrogacy and fertility law. She has recently acted in 35 separate cases arising from errors made by fertility clinics in which she successfully obtained declarations of parentage including the leading case of Re HFEA (A and others) (Legal Parenthood) 1 WLR 1325 [2016].

  She has broad expertise in relocation cases and in matters involving cross-jurisdictional and international legal issues. She offers a vast knowledge of international child law having taught and published as an academic in this area for 15 years. She appeared in many of the leading cases on international abduction, international adoption and the application of Brussels IIR in public and private law cases. In 2015-6 she acted in four international cases in the UK Supreme Court.

• Children (Public Law)

  In public law she is regularly instructed in cases in which there is complex medical evidence or allegations of sexual abuse. Since 2015, she has been involved in numerous cases in which the court has considered allegations that parents have radicalised their children including London Borough of Tower Hamlets v B [2016] 1 FLR 1431 and Re C, D and E (Radicalisation; Factfinding) [2016] EWHC 3087 and she is one of the leading practitioners in this field.

• Judicial Review & Administrative Law

  She has particular expertise on the interplay between the Human Rights Act 1998 and family law. She advises and acts on matters of judicial review matters in the Administrative Court for adopters, foster carers and children in matters arising from the statutory duties of local authorities.  She has expertise on use of injunctive measures and other remedies under the HRA 1998.

• International Family Law

  Deirdre has a particular expertise in international legal issues as they affect children.  In 2015-2017 she acted in four cases before the UKSC in which the Court interpreted the 1980 Hague Convention and the Brussels II Regulation; Re R (Children) (Reunite and Others Intervening) UKSC [2016] 35 AC 76, 2 WLR, 1583, Re B (Habitual Residence; Inherent Jurisdiction) [2016] UKSC 4 [2016] 1FLR 561 and Re N (Adoption;Jurisdiction) [2016] UKSC 15 [2016] 1 FLR 1082. 

• Modern Families & Surrogacy

  Deirdre is a leader in this field and has been involved in numerous reported cases involving modern family structures, surrogacy and fertility law. In 2015-18 she has appeared in over 40 cases in the field of surrogacy and fertility law including;  Re H (A Child: Surrogacy Breakdown) [2017] EWCA Civ 1798.

• What the Directories Say

  Leading silk who regularly acts on law-changing matters relating to surrogacy and broader fertility issues. She is recognised for her international expertise in child adoption, relocation and abduction matters, as is further noted for her strength in domestic child disputes involving cases of abuse and radicalisation. 

  "She's impressive, knows her stuff and is always very well prepared. You need to be on top of your game when clashing swords with her. She's one of the most impressive children law barristers around." Star Individual – Chambers and Partners, 2023

  "Deirdre Fottrell is one of a kind. She's a go-to silk in London for children work. Her advocacy skills are world class and she's a joy to work with." Star Individual – Chambers and Partners, 2023

  "Deirdre is an intelligent, considered lawyer whose emotional intelligence and understanding of psychological drivers for her clients and opponents puts her into a league of her own. She is a strategic and analytical lawyer, who possesses an unparalleled understanding of the human mind, its strengths and frailties. She is a true team player." Tier 2 – Legal 500, 2023

  "She is incredibly hardworking and has an acute and analytical mind. She works well with her instructing solicitor as a team member so there is a collaborative exchange of ideas and strategy." Tier 2 – Legal 500, 2022

  "Deirdre is the whole package, and her academic ability and strategy ability are second to none." Chambers and Partners, 2019

  "Her knowledge of surrogacy is encyclopaedic and she's in a league of her own. She has a lot of gravitas, and if you're having a meeting she owns the room." Chambers and Partners, 2019

  "Gets to the nub of the issue so quickly." Legal 500, 2018/19

  "Deirdre Fottrell has made her mark this year as a silk. She has an intricate knowledge of the most complex international and domestic law and she is a magnetic and powerful advocate." Chambers and Partners, 2017 
  
  "She has put human rights in family proceedings to the top of the agenda through her hard work." Legal 500, 2016
  
  "She is extremely bright and grapples with the most complex legal and factual scenarios skilfully. Her judgement is spot-on." Chambers and Partners, 2016
  
  "She is exceptionally good on private law children work." Legal 500, 2015

  "She is very, very bright on the law, and presents it in a way that is completely understandable. She is totally in command of what she does." Chambers and Partners, 2015
  
  "A brave advocate who mounts groundbreaking arguments in court." Legal 500, 2014
  
  "Extremely able and very bright." Chambers and Partners, 2014
  
  "Deirdre Fottrell's strong background in human rights sets her apart from other family counsel."  Legal 500, 2013
  
  "Deirdre Fottrell ‘extremely good’ for judicial review and human rights applications, and acted in the case of Re E (Children)."  Legal 500, 2012

• Notable Cases

  International:

  • Mohammed bin Rashid al-Maktoum v Princess Haya [2021] EWHC 3480 (Fam)
  • Mohammed bin Rashid al-Maktoum v Princess Haya [2022] EWFC 16
  • Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190
  • Al M (Children) [2020] EWCA Civ 283 
  • Al M (Publication) [2020] EWHC 122 (Fam)
  • Al M (Assurances and Waiver) [2020] EWHC 67 (Fam)
  • Al M (Factfinding) [2019] EWHC 3415 (Fam)
  • C v C [2019] UKPC 40 
  • Re I-L (Children) (1996 Hague Child Protection Convention: Inherent Jurisdiction) [2019] EWCA Civ 1956
  • Y and Z v W and X [2017] EWFC 60
  • Yavnuz Nal and others v Turkey (App 489731/11) ECtHR, 13th June 2017
  • J (A Child) (Finland) (Habitual Residence) [2017] EWCA Civ 80
  • Re J (A Child) (Finland: Habitual Residence) [2017] EWCA All ER (D) 167 (Feb)
  • Re N (A Child) (Recognition of Foreign Adoption) [2016] All ER (D) 53 (Dec)
  • Re R (Children) (Reunite and Others Intervening) UKSC [2016] 35 AC 76, 2 WLR, 1583
  • Re B (Habitual Residence; Inherent Jurisdiction) [2016] UKSC 4 [2016] 1FLR 561
  • Re N (Adoption: Jurisdiction) [2016] UKSC 15 [2016] 1 FLR 1082
  • Re LC (A Child) (Habitual Residence) [2016] EWFC 31
  • Re H (Abduction: Jurisdiction) [2014] EWCA Civ 1101 [2015] 1 WLR 863 1 FLR 1132
  • Re D (A Child: Habitual Residence: Consent and Acquiescence) [2015] EWHC [2016] 1 FLR 937
  • DN (A Child) [2013] EWHC 2401 (Fam)
  • R.P. and Others v The United Kingdom [2012] ECHR 1796
  • Re DN and Others (Children) (No.1) & Re DN and Others (Children) (No. 2) [2012] EWHC 3842 (Fam) & [2013] EWHC 1433 (Fam)
  • Re E (Children) (Abduction: Custody Appeal) [2011] UKSC 27 2 FLR 758
  • Re A (Children) (Abduction: Interim Powers) [2010] EWCA Civ 586 [2011] 2 WLR 1364

   

  Surrogacy/Fertility Law:

  • Y v Z [2022] EWFC 157
  • X (A Child: Surrogacy: Marriage) [2018] EWFC 15
  • Re G (A Child) (Sperm Donor) [2018] EWCA Civ 305
  • Y and Another v W and Another (Surrogacy: Domicile) [2017] EWFC 83
  • Re H (A Child: Surrogacy Breakdown) [2017] EWCA Civ 1798
  • Re Human Fertilisation and Embryology Act 2008 (Cases AI and AJ) [2017] EWHC 3351 (Fam)
  • Re Human Fertilisation and Embryology Act 2008 (Cases P, Q, R, S, T and U) (No 2) [2017] EWHC 2532 (Fam)
  • Re M (A Child) (Surrogacy) [2017] EWCA Civ 228
  • Re G (HFEA 2008) [2016] EWFC 729 (Fam) [2017] 4 WLR 65 1 FLR 299  
  • Re K (A Child) (HFEA 2008) [2017] EWHC 50 (Fam)
  • Re HFEA 2008 (Cases P, Q, R, S, T, U, W and X) [2017] All ER (D 81 (Jan)
  • Re HFEA 2008 (Cases A, B, C, D, E, F, G and H) (Legal Parenthood: Written Consents) [2015] EWHC 2602 (Fam) [2016] 1 WLR 1325 [2017] 1FLR 366
  • Re HFEA 2008 (Case G) [2016] 1 WLR 65
  • Re L (A Child) (Human Fertilisation and Embryology: Declaration of Non Parentage) [2016] 4 WLR 147
  • Re O (A Child) (Human Fertilisation and Embryology: Adoption Revocation) [2016] 4 WLR 148
  • Case I (HFEA 2008) [2016] All ER (D) 70 (Apr)
  • Re V (HFEA 2008) [2016] EWHC 2356 (Fam) All ER (D) 45 (Sep)
  • Re N (HFEA 2008) [2016] EWHC 1329 (Fam) All ER(D) 64 (Jun)
  • Re J (HFEA 2008) [2016] EWHC 1330 (Fam) All ER (D) 63 (Jun)
  • Re Z (A Child) (Surrogacy Agreements: Child Arrangements Orders) [2016] EWFC 34
  • Re JB (A Child) (Surrogacy: Immigration) KB and Another [2016] All ER (D) 172 (Apr)
  • Case M (HFEA 2008) [2016] EWHC 1572 (Fam)
  • AB (Surrogacy: Consent) [2016] EWHC 2643 (Fam)
  • F v M and Others (HFEA 2008) [2015] EWHC (Fam) 3601
  • Re G (A Child) (Sperm Donor: Contact Orders) [2013] EWHC 134 (Fam) 1 FLR 1334
  • A v P (Surrogacy: Parental Order: Death of Applicant) [2011] EWHC 1738 (Fam) [2012] 3 WLR 369, 2 FLR 145

  Children - Public and Private:

  • S (Inherent Jurisdiction: Transgender Surgery Abroad) [2023] EWHC 347
  • Re S (A Child) & Anor (s 20 Accommodation) [2023] EWCA Civ 1 
  • A & Anor v B & Ors [2022] EWHC 3089
  • X v Y [2022] EWFC 77
  • Re Ms L; Re Ms M (Declaration of Parentage) [2022] EWFC 38
  • M (A Child : Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986
  • X v Z (Parental Order Adult) [2022] EWFC 26
  • Mohammed bin Rashid al-Maktoum v Princess Haya [2021] EWHC 3480
  • Mohammed bin Rashid al-Maktoum v Princess Haya [2022] EWFC 16
  • Griffiths v Tickle [2021] EWCA Civ 1882
  • M (A Child) [2021] EWHC 3225 (Fam)
  • H-D-H and C, Re (Children: Fact-Finding) [2021] EWCA Civ 1192
  • T (A Child), Re [2021] UKSC 35
  • Newman v Southampton City Council & Ors [2021] EWCA Civ 437 (25 March 2021)
  • Re K (Children: Placement Order) [2020] EWCA (Civ) 1503
  • Re Q [2020] EWHC 1109 (Fam)
  • ZH v HS & Others (Application to Revoke Adoption Order) [2019] EWHC 2190 (Fam)
  • Poole Borough Council v GN and Another [2019] UKSC 25 
  • LR v A Local Authority & Others (Application to Terminate Appointment of Guardian) [2019] EWFC 49 
  • P-S (Children) [2018] EWCA Civ 20 
  • Re G (A Child) [2018] EWCA Civ 305 
  • Re B (A Child) (Adoption) [2018] EWCA Civ 20
  • Re J [2017] EWCA Civ 398
  • Re W [2017] EWCA 829 (Fam)
  • F v M and Another (Joint Council for the Welfare of Immigrants Intervening) Family Division [2017] EWHC 949 (Fam)
  • Re J (Children) (Care Proceedings: Issues Resolution Hearing) (Association of Lawyers for Children Intervening) [2017] 4 WLR 109
  • Re A and Others (Children: Scottish Adoptions) [2017] EWHC 35 (Fam) All ER (D) 82 (Jan)
  • Re D (Adoption) (No.3) [2016] EWFC 1 [2017] 1FLR 237
  • N (A Child), Re [2016] EWHC 3085 (Fam)
  • Re C, D and E (Radicalisation: Fact-Finding) [2016] EWHC 3087
  • Re X (A Child) (Application for Reporting Restriction: Media Notification) [2016] 4 WLR 116
  • Re X (A Child) (No. 2) (Reporting Restrictions: Guidance) [2016] All ER (D) 47 (Jul)
  • Re Y (A Child) (Care Proceedings: Fact-Finding: Radicalisation) [2016] EWFC 30 [2016] 2 FLR 1074
  • Re W (A Child) (Designation of Local Authority) EWCA Civ [2016] All ER (D) 172 (Apr)
  • Re T (A Child) (Early Permanence Placement) [2015] EWCA Civ 983 [2017] 1 FLR 330
  • London Borough of Tower Hamlets v B [2015] EWHC 2491 [2016] 1FLR 877
  • Re F (Special Guardianship: Contact With the Birth Family) [2015] EWFC 25 [2016] 1FLR 593
  • Re K and H (Private Law: Public Funding) [2015] EWCA Civ 543; [2015] 1WLR 3801; [2016] 1FLR 754
  • London Borough of Tower Hamlets v M and Others [2015] EWHC 869 (Fam); [2015] 2 FLR 1431
  • Re L and B (Child) (Care Proceedings: Findings of Fact of Significant Physical and Emotional Harm) [2015] All ER (D) 35 (Sep)
  • Re J (A Child) [2015] EWCA Civ 222 All ER (D) 229 (Mar)
  • X and Y v Another [2014] EWHC 2147 (Fam) [2015] 1 FLR 1463
  • London Borough of Barking and Dagenham v SS [2014] EWHC 3338 (Fam) [2015] 2 FLR 181
  • Re D (Non-Availability of Legal Aid) [2014] EWFC 39; [2015] 1 FLR 531, Re D (No.2) [2015] 1FLR 1247
  • Re DE (Child Under Care Order: Injunction Under Human Rights Act 1998) [2014] EWFC 6, 3 WLR 1733; [2015] 1 FLR 1001
  • Re A and B (Children) [2014] All ER (D) 312 (Mar)
  • London Borough of Hillingdon v AO [2014] EWHC 75 (Fam)
  • In The Matter of C (A Child) [2013] EWCA Civ 1412
  • Re AW (A Child: Application to Revoke Placement Order: Leave to Oppose Adoption) [2013] EWHC 2967 (Fam)
  • In C (A Child) (Family Proceedings: Practice) [2013] EWCA Civ 431 [2014] 2WLR 2182
  • Wiltshire County Council and F (1) and C (2) and BB (3) (By his Children’s Guardian) [2013] EWHC 2747 (Fam) [2014] 3 WLR 1733
  • Re C (Adoption Proceedings: Change of Circumstances) [2013] EWCA Civ 431 [2013] 2 FLR 1393
  • W (A Child) [2011] EWCA Civ 1362
  • Re H (Care Plan: Human Rights) [2011] EWCA Civ 1009 [2012] 1 FLR 191
  • A County Council v K & Ors (By the Child's Guardian HT) [2011] EWHC 1672 (Fam) Judgments (05/07/2011) [2011] 2 FLR 817
  • The Queen On The Application of O v Essex County Council [2010] EWHC 3088 (Admin)
  • Essex County Council (The Local Authority) v SM [2010] EWHC 1694 (Fam)
  • East Sussex County Council v Stedman and Patten [2009] EWHC 935 (Fam) 2 FLR 852
  • R (On the Application of A and Others) v Newham London Borough Council [2008] EWHC 2640 (Admin) [2009] 1FLR 311
  • R (On the Application of Tareen) v Birmingham City Council [2009] EWHC 3693 (Admin)
  • The Queen on the application of Priti Hansraj Chavda Margaret Fitzpatrick by her daughter and litigation friend Pamela Fitzpatrick Milton George Maos and London Borough of Harrow [2007] EWHC 3064 (Admin)
  • Re C (Responsible Authority) [2005] EWHC 2939 (Fam) [2006] 1FLR 919
  • Re C (Children) (Supervised Contact) [2005] All ER (D) 80 (Mar)