Introduction
Introduction
Dan is an experienced and respected family barrister greatly sought after particularly for his ability in serious contested cases and complex trials.
Dan built the foundations of his career in the criminal courts, representing defendants charged with the most serious offences including murder, rape, wounding and historical sexual offences against children.
Having established a thorough grounding in the adversarial world of the crown court, Dan began to transfer the focus of his practice to the family court and ultimately reached the decision to specialise in family law. He has since developed a thriving family law practice (with a strong emphasis on serious child protection matters) and is often instructed in cases with a criminal law element.
Dan has also been briefed in numerous somewhat niche High Court cases engaging paternity testing, vaccinations, the limitations of local authority powers under a care order and contempt of court (see notable cases below)
In public law instructions, Dan represents local authorities, parents and guardians with an emphasis on parent and guardian work, perhaps flowing from his experience as a defence lawyer in the criminal jurisdiction.
In private law (Children Act) matters Dan is highly in demand for difficult, entrenched and contested cases (again, often with a criminal law crossover) where parents require experienced representation prepared to fight a client’s corner throughout, even against the odds.
Dan is also often instructed as counsel for 16.4 guardians and has undertaken numerous alienation cases in care proceedings and in the High Court.
Instructing solicitors trust Dan’s ability to form a strong rapport with lay clients coupled with an honest and down to earth approach to giving advice.
In June 2024 Dan was appointed as the Family Lead for the 33 Bedford Row Northern annexes.
NOTABLE CASES
- EBK v DLO (Permission for Further Contempt Application) [2024] EWHC 984 (Fam)
Reported case. High Court matter from April 2024, instructed by Sophia Isa of Watson Ramsbottom to represent a mother, successfully defending an attempt from her ex partner to commit her to prison for contempt – the alleged contempt arising after the defendant supplied court papers to the police investigating allegations of domestic abuse
EBK v DLO (Permission for Further Contempt Application) [2024] EWHC 984 (Fam) – Family Law Week
Reported case. Lead by Charlotte Worsley KC, instructed by Elaine Hissey A&N Care for the mother in this unique case engaging paternity testing and exploring the limits of LA powers. Case attracted extensive national media attention - Man who mixed sperm with father's in order to get partner pregnant will not have to take paternity test, High Court rules | UK News | Sky News
- LA v X 2023 – lead by Janet Bazley KC, instructed by Elizabeth Rodgers MKB in care proceedings for a child who was charged in the criminal courts with murder of his foster carer. Detailed work on reporting restrictions. Case achieved national notoriety
Marcia Grant: Boy, 13, sentenced for killing Sheffield grandmother with her own car - BBC News
- LA v G, 2023 – lead by Darren Howe KC, instructed by James Gascoigne Howard & Co for a mother accused of killing her baby. Four week trial- extensive specialist medical evidence including forensic histopathologist
- LA v H – for the children in extraordinary care case where a parent became selectively mute at outset of lengthy trial. Voire dire undertaken, judge found parent was ‘mute by malice’
- LA v L, D [2020] – represented LA in this High Court parental alienation case (care proceedings) regarding a subject child with autism. Was junior alone against silks and juniors. Obtained the result sought by client after detailed expert psychological evidence
Regulatory
Regulatory
Dan Foster has a growing regulatory practice with a current focus on representing athletes. He is also instructed in licensing and regulatory matters (extensively in relation to taxi licenses) and is very keen to develop and widen his regulatory practice, welcoming instructions across the spectrum of regulatory law matters.
As for sport, he is sole legal advisor to the world-famous Ingle boxing gym in Sheffield, and has represented and assisted many professional boxers for criminal and regulatory matters of all kinds.
His many boxing clients have included world champions and challengers such as Kell Brook, Billy Joe Saunders and Kid Galahad (Abdul Bari Awad). Mr Saunders and Mr Awad instruct Dan on an ongoing basis in relation to a various matters. In a very high-profile case, Dan represented Mr Saunders before the British Boxing Board of Control and obtained a good result in enabling his client to avoid suspension from boxing for an infamous incident.
Dan also represented Mr Awad in his successful appeal to United Kingdom Anti Doping (UKAD) for a reduction in his suspension from boxing due to doping offences. With Dan’s assistance, Mr Awad is thought to be the only athlete ever to have achieved such a result whilst maintaining his innocence of any doping offence. This was reported by Sky Sports.
Dan’s extensive experience and expertise in criminal law has also allowed him to obtain excellent results for professional sportspersons under investigation from regulatory bodies. Dan successfully represented a professional footballer in a major National Crime Agency investigation into match fixing. Dan’s client Stephen Dawson, who was captain of Barnsley Football Club at the time, was released from the investigation with no further action taken against him. This was reported in The Guardian.
Dan also successfully represented a former professional footballer in a Serious Fraud Office investigation. Again, the SFO took no further action.
Notable Cases
Notable Cases
B (A Child: Immunisation) [2018] EWFC 56 – In this reported high court vaccinations case, Dan successfully represented a mother in her contested application for her child to receive routine vaccinations. The Father was a committed anti vaxxer ( Judge rules five-year-old girl can be vaccinated despite her father's objections | The Independent )
LA v L, D – represented LA in this High Court parental alienation case (care proceedings) regarding a subject child with autism. Was a junior alone against silks and juniors. Obtained the result sought by client after detailed expert psychological evidence
LA v H for father in care proceedings featuring very serious allegations focussed on alleged criminal acts towards non-subject older sibling (vulnerable adult). Parents charged with neglect of vulnerable, criminal case has silks, applications anticipated in family case. Instructed partly due to experience in criminal defence
LA v H – for LA in serious and highly complex neglect case featuring ten siblings and expert paediatric evidence regarding harm and consequences of neglect. Ten day final hearing, three different care plans
LA v D – Successfully represented local authority in a case including finding of fact regarding non-accidental injuries to a baby, complex case with expert paediatric evidence
LA v H – for intervenor step parent, successfully avoiding all findings of physical assaults and neglect of a toddler
K v S – For a mother in a private law case including finding of fact regarding historical allegations of child sexual abuse. Successfully obtained findings against the father. Case featured Re W applications and the 10year old child giving evidence supported by an intermediary
R v C – For a father in a private law case including finding of fact, successfully answering allegations of serious violence and rape
N v G – for a father in private law case, contested finding of fact regarding allegations of sexual misconduct
LA v H – for a father, finding of fact in care proceedings, successfully avoiding findings sought of sexual abuse