Dorian Day > Chambers of David Berkley KC > Birmingham, England > Barrister Profile

Dorian Day

Work Department

Family; Property; Clinical Negligence; Personal Injury; Court of Protection

Position

Dorian specialises in all aspects of work involving familial and relationship breakdown.

In particular he is renowned for his representation of parties in cases of complexity with serious allegations of homicide, physical and sexual abuses, in High Court care proceedings.

Dorian is also well reputed for complex and high value financial remedy cases.

Until 2011 Dorian practiced out of chambers in London where he continues to conduct significant amounts of work.

Dorian has 20 years’ experience having practiced in criminal, civil and family law at the highest levels and in the most complex and demanding cases. Dorian’s extensive background and particular expertise is that of a forensic trial lawyer with a methodical approach to preparation, detail, and effective presentation of the key issues in any particular dispute.

Dorian combines the ability to offer sensitive sound practical advice backed up by detailed preparation and robust Court presentation in any dispute and is highly respected by both his opponents and the judiciary.

Family 

Public Law Care and Adoption

Dorian is highly experienced in complex public law cases under the children and adoption legislation. Dorian thrives and excels were there are allegations of the death of a child (parent or carer), very serious non-accidental physical injury, sexual abuse and trafficking of children. Dorian has particularly concentrated his work in cases involving complex medical issues including FII.

Dorian is also very well renowned for cases where there are jurisdictional orders involving the inherent jurisdiction and wardship and where there are international cross-border jurisdictional issues.

Private Law Children and Domestic Abuse

Dorian has broad and extensive expertise in all aspects of private law children disputes. In particular he is reputed for his representation of children in such disputes. Dorian is particularly sought after for his advice and representation in cases involving international relocation and abduction of children.

Dorian offers the ability and duality to advise and represent parties on both the welfare and financial aspects of children cases.

Family Finance Team

Dorian is a specialist in Financial Remedy matters – his skills encompass driven and guided practical advice to problem solving and detailed preparation and cross-examination in all aspects of financial work.

Dorian has experience in conducting claims where there are assets of substance [up to £40 million], trust assets, business interests, intervening parties, cryptocurrency, a foreign or jurisdictional element, estates and also where there are aspects of conduct or asset dissipation raised before or within the proceedings. Dorian also conducts cases involving inheritance provision, TOLATA and Schedule 1 Children Act Claims.

Judicial Review

Dorian undertakes all aspects of judicial review work particularly in the field of children, families, and decisions by Local Authorities particularly regarding funding and involving policy considerations.

In particular Dorian has regularly challenged and advised Local Authorities in relation to decisions pertaining to special guardianship/residence allowances and funding decisions.

Dorian’s experience and expertise extends to all forms of tribunal challenge including disciplinary decisions made by the police and other professional bodies.

Abuse Claims

Dorian has long acted for abuse complainants across the country. He covers all strategies of sexual abuse, neglect and death in cases including religious orders, in children’s homes and schools, in foster care, teachers, families, in sporting and voluntary and media organisations.

He has acted for vulnerable adults and children abused in long term care and for learning disabled children and young people, as well as in claims against local authorities for failing to remove children at risk.

Cases of Note and Interest:

• P (A Child: Fair Hearing) [2023] EWCA Civ 215
• BSA v NVT [2021] EWHC 2202 (Fam)
• J&H&Ors [2022] EWHC 862 (Fam)
• Z (A Child) (Surrogacy) [2022] EWFC 18
• Re CD [2021] EWFC 112
• J v J [MFPA – Interim Provision] [2021] EWFC 78
• Re G (Abduction: Consent/Discretion) [2021] EWCA Civ 139
• Z (INTERIM CARE ORDER) – [2020] EWCA Civ 1755
• A London Borough -v- N [2020] EWHC 2857 (Fam)
• BSA -and- NVT [2020] EWHC 2906 (Fam)
• The Local Authority -V- Mother (1) Father (2) Lucy (By Her Children’s Guardian) And Belinda – [2020] EWHC 2801 (Fam)
• Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038
• C.E. AND N.E. – AND – Hampshire County Council [2020] IECA 201
• GC v A County Council & Ors [2020] EWCA Civ 848
• Hampshire County Council v CE and NE [2020] IECA 100. Irish Court Of Appeal 9.4.20
• KT v JB and WB (A Child) [2020] EWFC 14
• Cases A, B and C (Adoption: Notification of Fathers and relatives) [2020] EWCA Civ 41
• A Local Authority -and- M, F, P and T [2019] EWFC 33
• Re S (No. 3) (Care Proceedings) (Article 56: Placement in the Republic of Ireland) [2019] EWFC 36
• Hampshire County council v C.E. & anor  [2019] IEHC 340
• In re S (A Child) (No. 2) [2019] 1 WLR 5045
• Hampshire County Council v CE and Others [2019] 1 FLR 636
• Re S (Care proceedings: Article 15 Second transfer) [2018] EWHC 3054 (Fam) (29 October 2018)
• H (Children) [2018] EWFC 61 (18 October 2018) ([2018] EWFC 61
• Hampshire County Council v C.E. & Ors [2018] IECA 365
• Hampshire County Council v C.E. and N.E. (Urgent preliminary ruling procedure – Jurisdiction, recognition and enforcement of judgments in matters of parental responsibility – International child abduction – Judgment) [2018] EUECJ C-325/18PPU & UK =[2018] WLR(D) 584CFA (Ireland) v F [2018] EWHC 939 (Fam) (12 April 2018) ([2018] EWHC 939 (Fam)
• AK, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 1154 (Fam) (28 July 2017)
  ([2017] 4 WLR 169, [2017] EWHC 1154 (Fam), [2017] WLR(D) 617; From England and Wales High Court (Family Division)
• N (Children: Welfare Decision), Re [2016] EWFC 44 (23 September 2016) ([2016] EWFC 44; From England and Wales Family Court
• Local Authority X v HI & Ors [2016] EWHC 1123 (Fam) (12 May 2016) ([2016] EWHC 1123 (Fam), [2016] Fam Law 802, [2017] 1 FLR 1362; From England and Wales High Court (Family Division)
• Re N (Children) SC [2016] UKSC 15F and J (Children) [2015] EWFC B231 (11 December 2015) ([2015] EWFC B231; From England and Wales Family Court Decisions (other Judges)
• N (Children : Adoption: Jurisdiction) [2015] EWCA Civ 1112 (02 November 2015) ([2015] EWCA Civ 1112, [2015] Fam Law 1444, [2015] WLR(D) 436, [2016] 1 All ER 1086, [2016] 1 FCR 217, [2016] 1 FLR 621, [2016] 2 WLR 713; From England and Wales Court of Appeal (Civil Division) Decisions
• F and J (Children) [2015] EWFC B231
• E, A And L (Children) [2014] EWHC B22 (Fam) (13 June 2014) ([2014] EWHC B22 (Fam); From England and Wales High Court (Family Division) Decisions
• E, A And L (Children) [2014] EWHC B21 (Fam) (24 May 2013) ([2014] EWHC B21 (Fam); From England and Wales High Court (Family Division) Decisions
• London Borough of Lewisham v D & Ors [2010] EWHC 1239 (Fam) (29 March 2010) ([2010] EWHC 1239 (Fam), [2010] Fam Law 795, [2011] 1 FLR 908; From England and Wales High Court (Family Division) Decisions
• London Borough of Lewisham v D & Ors [2010] EWHC 1238 (Fam) (17 February 2010) ([2010] EWHC 1238 (Fam), [2010] Fam Law 794, [2011] 1 FLR 895; From England and Wales High Court (Family Division) Decisions
• H (Child), Re [2003] EWCA Civ 1629 (18 November 2003) ([2003] EWCA Civ 1629, [2004] 2 WLR 419, [2004] Fam 89; From England and Wales Court of Appeal (Civil Division) Decisions
• H (A Child), Re [2002] EWCA Civ 469 (8 March 2002) ([2002] EWCA Civ 469; From England and Wales Court of Appeal (Civil Division) Decisions

Articles and Publications

“Pay day for the silent army of Special Guardians” – The Ramifications of the Decision in B v LB Lewisham – Family Law 2010

FDR Hearing Service

Dorian is available for private remote FDR hearings.

Property 

Described as “A very well prepared and skilful advocate.” Dorian has a varied property and chancery practice. He thrives and excels where there are challenging & technical issues and is highly experienced in complex cases.

His open approach gains favour from solicitors who appreciate easy access to him throughout the course of a case.

With over 35 years at the Bar, Dorian has built up extensive experience in many areas of property & chancery work including the following:

• Landlord & Tenant
• TOLATA
• Wills, Probate & Estates
• Land &  Boundary disputes
• Housing
• Mortgages
• Court of Protection

Dorian also specialises in professional negligence cases.

Dorian undertakes all aspects of judicial review work as well as having considerable expertise in cases involving the Court of Protection.

Clinical Negligence 

Described as “A very well prepared and skilful advocate.” Dorian represents clients from inquest stage through to trial taking an active role throughout. Dorian is highly experienced in complex cases. He thrives and excels where there are challenging & technical medical issues.

Dorian has an extremely approachable manner ensuring clients are quickly put at ease. His open approach gains favour from solicitors who appreciate easy access to him throughout the course of a case.

With over 35 years at the Bar, Dorian has built up extensive experience in many areas of clinical Negligence including the following:

• Obstetrics and gynaecology
• Oncology, delayed diagnosis
• Accident and Emergency
• ENT
• General Surgery
• Orthopaedic surgery
• Anaesthetics
• Cardiology
• General practice
• Nursing Care
• Dental
• Care of psychiatric patients

Dorian undertakes all aspects of judicial review work as well as having considerable expertise in cases involving the Court of Protection.

Personal Injury 

Described as “A very well prepared and skilful advocate.” Dorian represents clients from inquest stage through to trial taking an active role throughout. Dorian is highly experienced in complex cases. He thrives and excels where there are challenging & technical medical issues.

Dorian has an extremely approachable manner ensuring clients are quickly put at ease. His open approach gains favour from solicitors who appreciate easy access to him throughout the course of a case.

With over 35 years at the Bar, Dorian has built up extensive experience in many areas of Personal Injury:

Abuse Claims

Dorian has long acted for abuse complainants across the UK. He advises claimants who are bringing claims of sexual abuse, neglect and death in cases including religious orders, and abuse perpetrated in children’s homes and schools, in foster care, by teachers, within families, or in sporting and voluntary and media organisations.

He has acted for vulnerable adults and children abused in long term care and for learning disabled children and young people, as well as in claims against local authorities for failing to remove children at risk.

Dorian undertakes all aspects of judicial review work as well as having considerable expertise in cases involving the Court of Protection.

Court of Protection 

Court of Protection and Social Care

Dorian has considerable expertise in cases involving the Court of Protection.

Dorian has acted in both welfare matters as well as all aspects of a patient’s property and affairs. Dorian recently lectured on aspects of “Forced Marriage” to the Court of Protection users group. Dorian’s combined experience, knowledge and insight in welfare and finance matters in other fields makes him a considerable asset when it comes to issues surrounding vulnerable patients.

Career

Year of call 1987

Memberships

• FLBA
• BAA
• ALBA