Four Brick Court Chambers

Barrister

Nairn Purss is a former social worker who focuses his practise almost entirely upon public law Children Act 1989 proceedings. His caseload includes matters relating to non-accidental injury, sexual abuse, female genital mutilation and forced marriage, amongst others.

Chambers and Partners Directory 2022 has ranked Nairn Purss in band 4 for Family – Children for the 1st year running, and this year’s review reads as follows: 

Nairn Purss has practised exclusively in Family law since his call to the Bar in 1999 and the last 21 years, has focused primarily on public law children cases.  Nairn represents parents, children, interveners and the local authority in cases of a generally grave and medically complex nature. Many cases have significant ethnic and cultural elements requiring cultural, religious and linguistic barriers to be understood, contextualised and thereafter accurately conveyed to the court. Of note are many cases involving members of EU member states. In particular, Nairn has acted in a number of lengthy and complex High Court cases involving Romanian nationals involving allegations of international child trafficking. .

Nairn is regarded by instructing solicitors as a specialist advocate in cases requiring highly skilled and delicate cross-examination, especially in cases involving serious non-accidental injury (NAI) and the sexual, physical and mental abuse of children.

Prior to his career at the Bar, Nairn was a Social Worker for 13 years both in Glasgow and in London. Although aspects of this work were generic, he had an orientation toward child protection and mental health, working with families mostly on a preventative basis to enable them to function sufficiently within their communities.

Recent cases

Nairn Purss acted on behalf of the child’s Guardian. The local authority lodged an appeal against the ruling by HHJ Tolson KC in respect of an application for a Placement Order for the youngest of three children, the subject child being under 12 months old at the point of judgment. HHJ Tolson KC refused the application for a Placement Order and instead made a Care Order, setting out that there should be significant ongoing contact between the child, her parents, and siblings.

 

A local authority recently instructed Nairn to act as leading counsel in an alleged shaken baby case. The case involved highly complex medical evidence, and a plethora of experts were cross-examined. The fact-finding hearing lasted 11 days, and both parents were represented by Queen’s Counsel.

 

Nairn represented five children in a complex NAI case, which included allegations of 6 separate fractures to a six-month-old baby. The case involved many medical documentation and medical experts from numerous disciplines. The fact-finding hearing alone lasted 18 days. Nairn remains Instructed for the mother of a child born at 21 weeks who remained in intensive care for some months. The case involved complex health issues with extensive political and human rights connotations. A latter complexity arose due to the Local Authority’s cost to fund the level of support identified as needed by the child and the mother. The NHS/CCG were joined as a party to proceedings. Duly, the child became a child of the inherent jurisdiction of the High Court and the case was transferredto the President of the Family Division. Following a lengthy legal argument, the High Court invited the LA and CCG to provide the maximum level of support to the mother and child, which, to their great credit, they duly did. Nairn has acted on all sides in many complex sexual abuse cases and/or sexual assault cases. This has included, asserting allegations on behalf of local authorities involving multiple alleged perpetrators. Nairn recently acted for a local authority in a lengthy High Court matter involving alleged: ‘coercion’, ‘Forced Marriage’ ‘FGM‘ and ‘rape’. Three parties were represented by Queens Counsel. In addition, he has recently acted for a mother with learning difficulties in a case involving allegations of historical sexual abuse by the stepfather on her teenage daughter.  Nairn has also represented children in cases involving complex sexual abuse allegations where the children have been required to give evidence after a RE: W(Children)(Abuse: Oral evidence) [2010] 1FLR 1485 hearing required the same.

Conclusion

Within the arena of public child care law comes the most acute difficulties manifest in individuals and communities. It is not an arena for the faint hearted and requires a diversity of skills.  Nairn remains intrigued by the capacity of the law to scrutinise, excavate and challenge both the complexity of the individual and the regulatory structures of our society, and with equanimity, attempt to uphold the principles of fairness and justice on behalf of both. That’s what makes the law so fascinating.

English

Family Law Bar Association Inner Temple

Jordanhill College Strathclyde University – CQSWGoldsmiths College London University.- BA ( Hons)Westminster University. – Dip LawInns Of Court College of Law- BVC