Manisha Marwaha

Year of Call 2009

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.

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”

Family

Practice Recommendations for Family Law
Legal 500 [2022] – “A patient, robust and determined junior. Very knowledgeable and forensic.”
Legal 500 [2021] - “A strong advocate, able to easily establish a relationship with lay clients putting them at ease.”
Legal 500 [2020] - “Manisha Marwaha has considerable experience in cases with an international aspect as well as representing vulnerable clients.”
Legal 500 [2019] – “Manisha Marwaha has solid experience in cases involving potential international relocation / abduction of children.” “She is very client friendly.”
Legal 500 [2018] – “Manisha Marwaha handles cases involving potential international relocation of children.” “Very personable and diligent; clients like her.”

Family Practice Summary
Manisha is a specialist Children Law Barrister who practices in both public and private law proceedings. She has been ranked in the Legal 500 as a band one leading family junior for a number of consecutive years and brings a wealth of experience and expertise beyond her year of call. Manisha’s work often has an international dimension and includes cases involving child abduction, relocation and jurisdiction disputes and/or transfers. Manisha is recorded in the Legal 500 as having “solid experience in cases involving potential international relocation / abduction of children.”

Manisha regularly represents both public bodies and private individuals and provides a wide knowledge base as well as determined and thoughtful representation at all levels of Tribunal from the Family Court through to the Supreme Court. Manisha appears regularly in the High Court and is regarded as a skillful advocate with a real flair for putting people at their ease. Manisha works tirelessly and tenaciously to achieve the best possible outcomes for her clients.

Manisha can in particular provide specialist advice and representation in the following matters:

International Child Abduction, including emergency injunction applications;
International relocation of children;
Family cases involving a variety of international jurisdictions;
Asylum, immigration, EEA and Nationality cases involving children;
Nationality and immigration issues arising in care proceedings eg when the court looks at alternative carers outside the jurisdiction, both within and outside Europe;
Cases involving forced marriage, trafficking and FGM (sometimes referred to as FGC);
Cases involving counter-terrorism, parental extremism and childhood radicalisation.

Manisha also has extensive experience in representing vulnerable clients, deploying detailed cross examination of expert witnesses and providing a rigorous analysis of medical and electronic data. She has developed a solid reputation for meticulous case preparation and for being a fearless and skilled advocate who is approachable and quickly able to build a rapport with clients. She provides sensible and robust advice.

Private Law Children
Manisha advises and acts for parents and other family members in a wide range of private law children work including applications spanning the full range of child arrangements orders, cases involving issues concerning parental responsibility, cases with an international element and cases involving serious allegations of child abuse, sexual abuse and serious domestic violence.
Manisha also has extensive experience of enforcement proceedings in this area. Manisha further has considerable experience in cases concerning specific issue orders and prohibited steps orders, with specific emphasis on education, medical treatment and name changes.

Public Law Children
Manisha acts for all parties in care and adoption proceedings, including parents, grandparents, interveners, children’s guardians and local authorities. Manisha has also been instructed on numerous occasions on behalf of the Official Solicitor and accordingly has extensive experience with the most vulnerable clients. She has considerable experience in cases involving non-accidental injury, sexual abuse, serious domestic violence between parents, fabricated/induced illnesses, proceedings set in sensitive cultural contexts and also proceedings with an international element.

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.

Additional Information
Manisha is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.

Manisha spent four months working as a Human Rights Advocate in the north of India for a ground roots organisation dealing with numerous issues including the rights of children. Her work quickly gained her relevant experience in dealing with vulnerable individuals engaged in highly sensitive matters. Such matters included serious violence and abuse being administered against children and women within villages and police stations.

Manisha also conducted seminars and workshops for State Police and Local Bar Associations whilst in India. She continues to present seminars for her professional clients to date. Manisha also continues to provide specialist webinars on matters concerning international family law for a number of educational providers. Manisha is happy to contribute to other events on request and can provide webinars, seminars and training for practitioners as well as third parties including legal and childcare professionals.

Court of Protection

Practice Summary
Manisha is a dynamic leading junior who is endorsed by the Legal 500 as a “Rising Star” with extensive experience in Public Law and Family Law. Drawing on her strengths and expertise from each individual practice area; Manisha provides an informed perspective on issues relating to the welfare and decision making for those that are incapable of doing so themselves. Manisha’s practice carries a strong focus on cases with a link between Children Law matters and Court of Protection work and in particular cases involving vulnerable young people making the transition into adulthood.

Manisha offers incisive advice whilst retaining a human touch and accepts instructions on behalf of family members, relevant person’s representatives, Local Authorities, healthcare bodies and the Official Solicitor in health and welfare cases and matters concerning serious medical treatment.

Manisha is experienced in acting in applications relating to personal welfare, challenges to Deprivation of Liberty Safeguards (DOLS), cross border matters and use of the inherent jurisdiction where a vulnerable person has decision making capacity. Manisha has acted in numerous applications for Forced Marriage Protection Orders and Genital Mutilation Protection Orders for adults, including being instructed by the Official Solicitor on behalf of a protected person. Manisha’s experience makes her particularly adept at acting and advising in cases where a young person is transitioning from child social care to adult social care services.

Manisha also has extensive experience in matters concerning judicial review claims and is regularly instructed to advise in matters where the Clinical Commissioning Group (CCG) has refused to commission a particular care package.

Manisha provides bespoke training to a number of Local Authorities and private client Solicitors. Manisha is happy to contribute to other events on request and can provide webinars, seminars and training for practitioners, mental health care professionals and third parties.

Inquests and Inquires

Practice Summary
Manisha is a sought after junior for complex inquests and public inquiries and has been instructed on behalf of a wide range of interested persons. Manisha regularly appears in matters involving government departments (including the Home Office and the Ministry of Justice) as well as Local Authorities. Manisha is instructed frequently and specifically in Article 2 jury inquests concerning the death of prisoners in custody and further those involving public sector duties, powers and allegations of misconduct.

Whether making submissions to a coroner as to the proper scope of an inquest, or putting questions to witnesses including expert witnesses; Manisha’s professional but personable and considerate manner enables her to effectively represent the varying concerns of a range of different clients. She is well known for her calm and reassuring manner when meeting clients in difficult and sensitive situations.

Manisha is recommended for her knowledge, sensitivity and tactical approach. She is ideally placed to advise and represent interested persons in the most complex of cases. Manisha is also experienced at handling judicial review proceedings resulting from coroner’s decisions.

Inquest Work:

Inquest into the death of BH - Hull Coroner’s Court – Two week Article 2 Jury Inquest – acting for the Prison Service in relation to the death of a prisoner in which the possibility of the deceased having taken non prescribed drugs in prison was explored as a matter contributing to his death. Following expert medical evidence and evidence from the Governor of the Prison, any suggestion of failures on the part of the prison regarding its drug supply strategy was discounted. The medical cause of death was ultimately found to be unascertained.
Inquest into the death of MS – Durham Coroner’s Court – Article 2 Jury Inquest – acted for the Prison Service during proceedings relating to the death of a prisoner who murdered his blind partner and then attempted to murder his parents on Christmas Day. The deceased subsequently took his own life following his trial, where he was convicted of murder. The deceased suffered from a number of mental health issues and the extent to which he was properly monitored in prison came under great scrutiny. The Jury ultimately returned a conclusion of suicide.
Inquest into the death of LA – Durham Coroner’s Court – Article 2 Jury Inquest – acted for the Prison Service in a week long inquest following the exploration of a possible spice (NPS) related death and issues concerning delay in entering the deceased’s cell. Expert medical evidence was heard and the medical cause of death was ultimately found to be unascertained.

Appointments

Attorney General’s Regional Panel of Junior Counsel to the Crown
Chair and Panel Member for Education Admission Appeals, Bradford

Memberships

Family Law Bar Association
Court of Protection Bar Association
Administrative Law Bar Association
Society of Asian Lawyers
North Eastern Circuit

Education

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

Awards & Prizes

Levitt Scholarship – Lincoln’s Inn