Overview
James Cleary is a skilled and experienced advocate practising in all areas of children law and financial remedy cases. He has appeared in high profile cases involving national media and political attention. He has been described in the legal directories as ‘methodical, articulate and approachable’ and as having ‘exceptional ability to explain complexities to a client’.
James has experience in cases involving fatalities (Derbyshire County Council v Shannon Marsden & Ors), serious injuries to children (RL v. Nottinghamshire County Council & Anor) and sexual abuse (R, S and T (Children)). He has a ‘niche’ specialism in fabricated and induced illness cases (N (A Child) (No.1) (Fact Finding: Induced Illness)).
James is one of the few East Midlands based counsel with experience of child abduction (M (Children) (Risk of Serious Harm: Contact)), medical treatment of children (Nottinghamshire County Council v. J (The Mother)) and applications for reporting restrictions upon the media (A Local Authority v The Mother & Ors).
James regularly appears before Judges of the High Court and appeal courts against King’s Counsel, leading other junior counsel or alone.
Recommendations
Legal 500 2022 – ‘Exceptional ability to explain complexities to a client…’
Legal 500 2023 – ‘James is methodical, articulate and approachable. He is always well prepared and spends time with the clients to ensure their understanding. He is a great sounding board and is always available to answer any queries in between hearings.’
Legal 500 2024 – ‘James Cleary’s expertise in public children’s law matters includes handling cases involving serious violence against children, sexual abuse and fabricated or induced illnesses.’
Appointments
Wellbeing, Disability and Inclusion Officer for the Midland Circuit.
Reported Cases
Public Law Children:
1. Derbyshire County Council v Shannon Marsden & Ors [2023] EWHC 1892 (Fam), [2023] Fam Law 1179 and [2023] All ER (D) 131 (Jul). Appeared with King’s Counsel for a local authority. An application by three media organisations for the release of documents from family proceedings. The application related to the murder of a baby, following the conviction of his parents.
2. F and G (Children: Sexual Abuse Allegations) [2022] EWCA Civ 1002 and [2022] All ER (D) 37 (Aug). Appeared with Queen’s Counsel for a father. An appeal by the mother’s boyfriend against findings that he had inflicted serious sexual abuse on a four-year-old girl.
3. RL v. Nottinghamshire County Council & Anor [2022] EWFC 13, [2022] 4 WLR 103, [2022] 2 FLR 1012 and [2022] All ER (D) 46 (Mar). Appeared for a local authority against Queen’s Counsel. An application by a mother to reopen findings, made six years earlier, that she was the possible perpetrator of a rib fracture and bruising to her baby daughter. The Judge noted ‘Mr. Cleary’s extremely well-written skeleton for the LA’.
4. Nottinghamshire County Council v. J (The Mother) [2021] EWHC 1651 (Fam). Appeared for a local authority. An application for a declaration that spinal surgery on a fourteen-year-old boy was in his best interests. The court was asked to balance the potential benefits of the surgery against the risks of death or disabling injury.
5. O (A Child) (Judgment: Adequacy of Reasons) [2021] EWCA Civ 149 and [2021] All ER (D) 16 (Mar). Appeared for a local authority. An appeal against findings that a father had anally raped his four-year-old daughter on successive occasions during contact sessions.
Other reported public law children cases:
6. A Local Authority v The Mother & Ors [2022] EWHC 3640 (Fam) (appeared against King’s Counsel – application for reporting restrictions order preventing publication of the name of a social worker and children’s guardian).
7. A City Council v. Mother [2021] EWHC 3375 (Fam) (application by the mother for an injunction that the local authority should not consult with the father in respect of their child – no reported cases on the issue).
8. X (A Child) (Jurisdiction and Habitual Residence Issue) [2021] EWFC B81 (impact of the COVID-19 regulations on consideration of habitual residence).
9. N (A Child) (No.3) (Content of Care Plan) [2020] EWFC B58 (extent to which a children’s guardian could influence a care plan).
10. N (A Child) (No.2) (Psychological Assessment) [2019] EWFC B83.
11. N (A Child) (No.1) (Fact Finding: Induced Illness) [2019] EWFC B83 (a mother inducing illness in her child by starving them near to death).
12. LA v. MS and others [2019] EWHC 3329 (Fam) (a mother alleging that her child had been poisoning her).
13. R, S and T (Children) [2019] EWFC B86.
14. M (Children) (Risk of Serious Harm: Contact) [2019] EWHC 39 (Fam) (a mother abducting her children, believing it was needed to protect them from sexual abuse from their father).
15. R, S and T (Children) [2018] EWFC B103.
16. R, S and T (Children) [2018] EWFC B102 (serious incest involving mother having intercourse with her learning-disabled son whilst filmed by the father).
17. M (Children) (Admission of Expert Evidence) [2018] EWCA Civ 607 and All ER (D) 39 (Apr) (appeared against Queen’s Counsel – appeal against a finding a mother had poisoned her children in an attempt to frame their father).
18. LA v. X and others [2018] EWHC 2437 (Fam) (whether the court should consider allegations that the mother had conspired in an arson attack on the father’s house).
19. LA v. X and others [2018] EWHC 2307 (Fam) (reporting restrictions order application in an abduction case with national media attention).
20. YZ v. LCC and others [2018] EWHC 2262 (Fam) (application to revoke a care order where serious injuries had been inflicted on the children).
21. A, B, C, D and E (Children: Placement Orders: Separating Siblings) [2018] EWFC B11.
22. A, B, C, D and E (Children: Care Plans) [2017] EWFC B56 and [2017] All ER (D) 41 (Sep) (extent to which the court could influence care plans around the placement of a sibling group for adoption).
23. H (Care Order: Designated Local Authority) [2016] EWFC 39 and [2017] 1 FCR 389 (whether a placement in a residential unit out of area changed the of designation of a local authority).
24. C (Children) [2015] EWCA Civ 1634 (appeal against the refusal to make a placement order whether the father had been convicted of killing his child).
Private Law Children Cases:
1. The Mother v The Father [2024] EWHC (TBC) (Fam). Appeared for a mother. A successful appeal against the decision to change the surname of a child due to a failure to provide proper analysis for the decision.
2. The Mother v The Father and Anor [2024] EWHC 272 (Fam). Appeared for the mother. An appeal of the decision of a Circuit Judge for not giving reasons for departing from the evidence of the children’s guardian. Appeal allowed due to a ‘serious procedural irregularity’.
3. A (Interim Contact: Observations on Parents) [2012] EWHC 4273 (Fam) (appeared for the children – risks to the children in unsupervised contact where the father had convictions for rape).
Miscellaneous
1. R v Boyes [2013] EWCA Crim 441 (appeal against sentence for causing disabling injuries through dangerous driving).
2. R v Cosgrove [2011] EWCA Crim 764 (a military appeal to reduce the prison sentence of a serving soldier so he could deploy to Afghanistan).
3. R v Johnson [2010] EWCA Crim 2833 (an appeal against a life sentence six years after the event, on the basis of new psychiatric evidence).
4. Robbie the Pict v Crown Prosecution Service [2009] EWHC B10 (Admin).
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