Patrick Gilmore MCIArb

Notable Cases

• Re J (A child) (Resolutions Model) [2021] EWFC 58

  Patrick represented the mother in proceedings before HHJ Baker. The mother had previous findings against her involving injuries to a child. Patrick argued for an alternative form of parenting assessment (a resolutions assessment). That was granted by the Court and following its conclusion led to the child within these proceedings returning home to the mother under a safety plan.

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• Cumbria County Council v AT CB and T [2020] EWHC 3107

  Mrs. Justice Leiven heard a 5-day fact finding hearing conducted entirely remotely. Initially mother sought findings that the father had sexually abused their child and other children. The court heard live evidence from the parties and a number of professionals and concluded that the mother had formed an unreasonable belief that her child had been sexually abused.

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• Cumbria County Council v AT CB and T [2020] EWFC 58

  Mr. Justice Macdonald reviewed the case law in respect of those with intervener status and the proportionality and necessity of the court determining any findings brought against them. This was the Court taking a proactive and proportionate case management decision based on the evidence before it. The Court heard legal argument and weighed the quality of the evidence, the child’s ABE evidence and the necessity of proceedings and then concluded that it would discharge all of the interveners and would not allow the mother to proceed with the findings sought.

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• Lancashire County Council v TP and others [2019] EWFC 30

  Patrick was junior counsel on behalf of the father involving allegations of induced gender dysphoria and frequent medical contact. Being led by Miss Cheetham QC they successfully contested the case and the Local Authority sought to withdraw. Mr Justice Williams determined that it was a case where threshold could not have been established on the evidence before the Court.

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• Cumbria County Council v Q [2015] EWFC 59

  Patrick was junior counsel for the Local Authority where a child had sustained a head injury and older fractures which were found by Peter Jackson J to result from a vitamin D deficiency.

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• H v A (No 1) [2015] EWFC 58

  Patrick represented the father in proceedings where the mother sought three applications. First to revoke an order for indirect contact, secondly to revoke his parental responsibility and finally an order under S.91(14) to prohibit further applications. The matter was heard by Mr Justice Macdonald. The father was in prison. He had a non-molestation order against him and had driven his car into the home of the mother and set it on fire. The mother and children escaped the home. Whilst in prison he has been arrested further in suspicion of soliciting the murder of the mother. The father wished to receive information about the children’s education. Mr Justice Macdonald concluded that it was not in the children’s best interests for the father to receive the school information. The fathers’ parental responsibility was not revoked but the Court did impose limitations on his parental responsibility and removed any obligation on the mother to consult with the father in the exercise of her own parental responsibility.

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• A and S v Lancs CC [2012] EWHC 1689 (Fam)

  Family

  Remains the leading case in respect of applications to revoke freeing orders. An application was made by two brothers freed for adoption for a declaration that the council had breached the boys' Human rights under Arts 8, 6 and 3 of the ECHR and that the independent reviewing officer had breached their rights under Arts 8 and 6. Declarations granted. Patrick as the Solicitor for Lancashire County Council was recognised with the judgement for his contributions to the written submissions and lessons learnt documents which addressed the IRO system and Human Rights Act claims.

• B-G (A Child) [2014] EWHC 444 (Fam)

  Family

  Patrick represented the Local Authority in proceedings under section 54 of the Human Fertilisation and Embryology Act 2008. Applications had been made for a parental order by a same sex couple residing in South Africa. The Court was charged with determining if one of the fathers had remained domiciled within the UK despite moving and living in South Africa.