The Legal 500

WESTWATER ADVOCATES, PARLIAMENT HOUSE, PARLIAMENT SQUARE, EDINBURGH, EH1 1RF, SCOTLAND
Tel:
Work 0131 260 5700
Fax:
Fax 0131 225 3642
DX:
549302 EDINBURGH 36
Email:
Web:
www.westwateradvocates.com

Lynda Brabender

Tel:
Work 0131 226 5071
Email:
Westwater Advocates ()

Position

Family and child law including all aspects of divorce, cohabitation, contact, residence, relocation, child abduction, adoption, permanence orders, education, proceedings arising from children’s hearings at both first instance and appellate level, being instructed by children and in cases with child or vulnerable witnesses and public law cases involving children including judicial review and devolution issues. Reported cases: Glasgow City Council, Petr 2013 SLT 917 – judicial review, statutory interpretation; B v B 2012 Fam LR 65 – divorce, financial provision, special circumstances; K v North Ayrshire Council 2012 SLT 381 – judicial review, education, transport; O v Aberdeen City Council 2012 SC 60 – statutory interpretation. Principal Reporter v K [2010] UKSC 56 – children’s hearings, unmarried fathers, definition of relevant person; Selkirk v Chisholm 2011 GWD 1-32 – cohabitation; Edinburgh City Council, Petitioner 2010 Fam LR 92 – adoption and children (Scotland) Act 2007, permanence orders, devolution issue, statutory interpretation; Authority Reporter v S 2010 SC 531 – children’s hearings, unmarried fathers, contact orders, definition of relevant person; Price v Baxter 2009 Fam LR 138 – intention of separated husband and wife, revocation of wills, minutes of agreement; Savage v Purches 2009 SLT (Sh Ct) – cohabitation, intestacy; Brown v Robertson 2009 Fam LR 13 – divorce, farming partnerships, dissolution, avoidance transactions; C v C 2008 SCLR 329 – international child abduction, acting for 11 year old child, concealment, settlement; Scottish Borders Council v T 2008 Fam LR 38 – freeing for adoption; R v Highland Council 2007 SLT 513 – personal injury, legal aid, remittal from Court of Session to Sheriff Court; S v D 2007 SLT (Sh Ct) 37 – application of Council Regulation 2201/2003 (Brussels II bis) and allocation of jurisdiction in cross-border proceedings between Scotland and England; Clark v Clark (no 2) 2007 SLT (Sh Ct) 86 – the division of farming partnership assets on divorce; Treasure v McGrath 2006 Fam L R 100 – concerning parental responsibilities and parental rights and the interpretation of section 11 (7) of the Children (Scotland) Act 1995 as amended by the Family Law (Scotland) Act 2006.

Career

Called 2005; member of the Family Law Committee of the Scottish Civil Justice Council, member of the Faculty of Advocates Disciplinary Tribunal, member of the committee of the Advocates Family Law Association; Convener of the Additional Support Needs Tribunal for Scotland from 2005-10.

Education

University of Strathclyde (1994 LLB Hons 2:1; 1995 Dip LP).

Leisure

Golf, travel.

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