Manisha Marwaha

Manisha Marwaha

Areas of expertiseadoptioncare & supervisionchild abductionchild arrangementcourt of protectioneducationfamilyforced marriageimmigration & nationalityinquestsinternational lawpublic inquiriesregulatoryrelocation internal and abroadaboutintroductionfamilycourt of protectioninquests and inquiresappointmentsmembershipseducationawards & prizes, 33 Bedford Row

Work Department

AREAS OF EXPERTISE Adoption Care & Supervision Child Abduction Child Arrangement Court of Protection Education Family Forced Marriage Immigration & Nationality Inquests International Law Public Inquiries Regulatory Relocation Internal and Abroad About Introduction Family Court of Protection Inquests and Inquires Appointments Memberships Education Awards & Prizes

Position

Introduction

Manisha has been recognised as a tier one leading junior for consecutive years in the Legal 500 in the fields of family law (particularly cases involving an international element) and public law.  Manisha is described in the Legal 500 as a “rising star” with “considerable experience in cases with an international aspect as well as representing vulnerable clients.” Manisha has also been appointed to the Attorney General’s Regional Panel of Junior Counsel to the Crown and has considerable expertise in administrative law and inquests and coronial law.

Manisha has been instructed as junior counsel in the Court of Appeal and frequently appears in the High Court. She is regularly instructed at appellate level and at first instance where novel or complex points of law have been identified. Manisha has represented clients as a both a leading junior and led junior and is further described in the Legal 500 as “a patient, robust and determined junior. Very knowledgeable and forensic.” She brings a wealth of experience and expertise beyond her year of call.

Notable Cases

Re M [2021] – Led Junior in a matter before the High Court involving a father in public law proceedings where allegations of international child abduction and serious domestic abuse were raised. Proceedings involved three different jurisdictions, including the USA and St Kitts and Nevis. The case concluded with a care plan involving the return of the children to their father. Re H [2021] – Leading Junior for a Local Authority in public law proceedings, which included a separate hybrid finding of fact hearing to address allegations of fabricated and exaggerated illness by the mother. The case involved extensive oral evidence from 20 witnesses, including the mother, numerous professionals and expert witnesses. Re S [2021] -  Represented a father in public law proceedings in one of the first cases involving a European transfer to be heard following the UK’s exit day from the European Union. At the time of the final hearing the available avenue for transfer was no longer via the Brussels IIa Regulation. Accordingly a then novel application was advanced for transfer via the 1996 Hague Convention, as set against the new legal climate following Brexit. Re D [2020] – Advised and represented the Local Authority in a rare and successful interim application for the return of multiple children to the UK via the Brussels IIa Regulation. Re Z [2019] – Advised and represented the Local Authority before the High Court in a matter where the jurisdiction of the court was contested. The child concerned was born in the UK with complex health problems including Downs Syndrome and feeding via a PEG system. The family previously fled the UK to Slovakia and averred they returned for medical treatment only. The child presented on return with life threatening symptoms. Following a disputed hearing on jurisdiction, involving substantial oral evidence, the High Court ultimately agreed with the Local Authority’s novel application of the Brussels IIa regulation and case for retaining jurisdiction. Re Q - Represented a father in private law proceedings in a contested application for contact where serious and multiple allegations of rape, sexual assault and physical abuse had been advanced against the father. The matter involved a lengthy finding of fact hearing in which the mother was ultimately found to have fabricated many of the sexual allegations and substantially exaggerated her evidence in other areas. The father further had an outstanding immigration claim and accordingly the case required knowledge and advice on relevant aspects of immigration law. Manisha was uniquely instructed in both jurisdictions. Re G  – Represented a father in multiple sets of proceedings concerning firstly the relevant child arrangements and thereafter the enforcement proceedings brought by the father against the mother in relation to the ordered arrangements. The mother was ultimately found to be in breach of the existing order without any reasonable excuse and made subject to a financial penalty and unpaid work. Re M – Acted on behalf of a vulnerable mother in private law proceedings in an application for contact where the mother suffered from severe learning difficulties and allegations of serious child neglect had been advanced against her. Re D  – Represented a father in private law proceedings in which the father wished to prevent the mother from relocating to China, where the parties had previously lived. The child arrangements ordered were favourable to the father and thereby prevented the mother from relocating with the children. Re R - Represented a father in a complex care case involving issues of child abduction, neglect and human trafficking. Analysis of lengthy phone and multimedia evidence was required. In addition sensitive and measured cross examination was undertaken of a vulnerable young adult mother with learning difficulties who required the use of an interpreter throughout. Re F – Represented the Local Authority in public law proceedings involving a complex finding of fact and further final hearing. The case included extensive expert evidence relating to multiple non accidental injuries caused to two children including severe fractures and burns.

Education

University of Newcastle Upon Tyne – LLB (Hons) Nottingham Law School – Bar Vocational Course

Levitt Scholarship – Lincoln’s Inn

Recommendations/Awards

Legal 500 [2022] – Family Law Leading Junior - “A patient, robust and determined junior. Very knowledgeable and forensic.” Legal 500 [2022] – Public Law Leading Junior – “Manisha is extremely professional, prompt and courteous. She is very thorough in her preparation.” Legal 500 [2021] - “A strong advocate, able to easily establish a relationship with lay clients putting them at ease.” Legal 500 [2021] – “Manisha is extremely professional and prompt. She has an excellent manner with clients and is well liked by clients who she represents.” Legal 500 [2021] – “Manisha approaches matters with attention to detail, a thorough knowledge of the immigration system and a straight forward approach with clients.” Legal 500 [2020] – “A Rising Star” Legal 500 [2020] - “Manisha Marwaha has considerable experience in cases with an international aspect as well as representing vulnerable clients.” Legal 500 [2019] - “Very client-focussed” Legal 500 [2019] - “Manisha Marwaha has solid experience in cases involving potential international relocation / abduction of children” Legal 500 [2018] - “Very personable and diligent; clients like her” Legal 500 [2018] - “An Immigration Law Specialist”