Region Area

Barristers

David Josty

David Josty

Position

David Josty is a specialist family law practitioner with expertise in children law (public and private), family finance and Court of Protection. He has a particularly busy practice in the area of children law (public).

Notably acting on a pro bono basis, David recently successfully represented the Appellant father in the matter of Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038 (see below).

David has also developed an interest in the Court of Protection.

David has acted in a broad range of public law cases on behalf of Local Authorities, lay parties (including parents, other relatives / intervenors) and children. Cases with which David has had considerable experience include those involving allegations of physical and sexual abuse, non-accidental injury, domestic violence, murder, neglect and substance misuse. David has a significant portfolio of cases in which he has acted for vulnerable parties with learning disabilities and / or mental health problems and also where the subject children share such presentation.  David’s experience extends to cases involving the Official Solicitor.

Selected cases:

Wiltshire Council v M & Anor (gonorhheal infection in a child) [2021] EWFC B31 Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038 Kent County Council v A,B,C and D (Children : Weight to be attached to evidence of child after flawed ABE interviews) (Rev 1) [2017] EWFC B72 (01 March 2017) SM & Ors (Welfare) [2016] EWFC 15 (22 March 2016) Wiltshire Council v R & Ors [2014] EWFC B76 (30 April 2014)

David is regularly instructed in complex children law matters involving child arrangement disputes, relocation cases (both internal and international) and change of name. He has experience of representing parties in proceedings involving parental alienation and where there are allegations of serious physical, emotional and/or sexual abuse.  He has considerable experience in finding of fact hearings and his practice in private law work has led to an increasing number of appearances in the High Court.

David has developed a practice around his interest in applications under Schedule 1 of the Children Act 1989 and TOLATA.  David also receives instruction in matrimonial finance matters. His experience in this area extends to cases involving businesses, foreign assets, pensions and intervening third party interests.

 

Career

Called 2002, Gray’s Inn. Forensic officer, Lion Laboratories Ltd, Barry, South Wales 1995-2001; legal assistant (personal injury department) Eversheds LLP 2002-03.

Languages

French (basic).

Memberships

FLBA, Western Circuit.

Education

BVC, Cardiff University PGDL, College of Law M.Sc. Forensic Science, King’s College London B.Sc. (Hons) Biomedical Science, Kingston University

Personal

Leisure time is spent with his family (3 children) and, when time allows, he enjoys cycling and walks in the New Forest.

Leisure

Whilst free time is limited due to David’s busy family commitments, he is a keen cyclist (both road and mountain) and enjoys the challenge of trail running – such activities having taken him to physical highs on a number of extreme sporting challenges in recent years. Any remaining time that David has is taken up fulfilling his role of co-ordinator of the Under 8s group at his local rugby club.

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