Daniel Foster

  • Year of Call 2015
  • Year of Higher Rights 2011

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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

Notable Cases