News

January 2012

Successfully represented the Mother of a 7 year old girl who was raped by her uncle. The Local Authority sought to implicate the mother in the grooming process and as having some knowledge of the abuse. The Local Authority sought to remove the child from her mother's care and place in foster care. We spend a considerable amount of time with the Mother going through lengthy and upsetting evidence (evidence of oral and vaginal rape which the uncle had videoed and distributed) successfully opposed the interim care order application. Through thorough preparation, sensible advice to the client and robust representation at the hearings the Local Authority were forced either to file a detailed schedule of findings against the Mother or withdraw their application. The Local Authority withdrew their application and have confirmed that they will fund an experienced child psychologist to assess the child and provide much needed therapy/counselling and support for the Mother.

Successfully represented the Mother of a six-week old baby who was admitted to hospital with a brain injury. Professional opinion concluded a non-accidental shaking injury. The Local Authority sought to remove the baby and place in foster care. We were able to oppose this care plan and successfully argued for the mother and baby to remain together in a foster placement. We obtained detailed evidence from the Mother and provided evidence of ill-health in this baby for the proceedings weeks including possible meningitis, dehydration, heart complaints leading to the baby collapsing and father shaking in an attempted resuscitation. A huge amount of medical evidence, police evidence, expert evidence and witness evidence was obtained leading to a nine-day fact finding hearing. We successfully argued in Court that the baby's ill-health lead both parents to believe that the baby was not breathing leading to an attempted resuscitation. The experts could not be sure that the baby had not collapsed and therefore the Court concluded that this was an accident and whilst the attempted resuscitation may have led to the brain injury the attempt may also have saved the baby's life. The family have been re-united at home.

Family Department - London

Re- MB 2012, Solicitor: Stephanie Dew
We represented Father within care proceedings. These involved allegations that the parents had caused their child to suffer a skull facture and a metaphyseal arm fracture. Explanations provided by the parents as to the possible cause of the injuries were disregarded by medical experts and were considered inconsistent with the likely causation of the injuries. Following a fact finding hearing where the evidence of the medical experts was successfully challenged, the Court accepted the parents' explanations and the proceedings concluded, allowing the family to return home.

Re- E 2012, Solicitor: Christopher Hayes assisted by Stephanie Dew
We represented the Child through her Guardian in these unusual care proceedings at the High Court. Proceedings were issued when it came to the attention of the Local Authority that the people alleging to be the child's parents were not in fact her parents. DNA testing was carried out which ruled out the individuals as the childs parents, however they maintained that they were and that the wife had given birth to this child in Nigeria and that she was their 'miracle baby'. Enquiries had to be made in Nigeria in order to obtain any evidence that was available in relation to the birth of this child and who her birth family may be. This case also raised a number of other matters which had to be dealt with such as the child's immigration status in the UK if she had been brought here illegally and the role that Nigeria may wish to play in the future planning for this child. Ultimately the Court found that the individuals were not this child's parents and final care and placement orders were made in order that the child could be adopted in the UK.

Edward Hayes LLP is at the forefront of polygraph testing developments. Edward Hayes were one of the first law firms to actively seek out and utilise polygraph testing in UK appeal cases. The successful appeal of John Corcoran was backed up by a polygraph testing programme. Subsequent appeals have also utilised this technology which is reliably recognised in the US. Edward Hayes are at the forefront of development within the criminal justice system including witness training and regular polygraph testing. Although the Court of Appeal have yet to admit such evidence, the benefits in potential miscarriage of justice cases are obvious.

With the swingeing cuts to the Legal Aid system made in the last few years there is a greater chance than ever of serious miscarriage of justice with life wrecking potential. It still may not be too late to contact us if you have recognised the importance of your own case and the potentially disastrous situation you or your friends, colleagues or loved ones could be facing.

December 2011

October 2011

Research for the 2012 edition of Chambers & Partners UK has now finished and we are pleased to announce that Edward Hayes have been ranked as band 3. In addition, Charles Long see link and Grant Ambridge see link will be featured as Leaders in their Field.

September 2011