Malcolm Chisholm > Chambers of Nkumbe Ekaney KC and Andrew Norton KC > London, England > Lawyer Profile

Chambers of Nkumbe Ekaney KC and Andrew Norton KC
1GC | Family Law
10 LINCOLN’S INN FIELDS
LONDON
WC2A 3BP
England

Position

Malcolm’s practice encompasses complex care proceedings and Court of Protection work, as well as private law work involving children. He is regularly instructed in High Court matters by local authorities, parents, children’s guardians and the Official Solicitor. His care proceedings work involves serious allegations of non-accidental injury. In the Court of Protection, he concentrates on health and welfare cases, frequently involving incapacitated or vulnerable young people who are leaving the care system. Malcolm undertakes the full range of private law children work including applications to remove children from the jurisdiction, as well as residence and contact disputes where his expertise in care proceedings is invaluable. He has a particular interest in the highly complex interface between the Mental Capacity Act 2005 and the Mental Health Act 1983, and has been a part-time tribunal judge of the Mental Health Review Tribunal for many years.

Notable cases:

Re W (Adoption Order: Set Aside and Leave to Oppose) [2011] 1 FLR 2153 – guidance for courts faced with a late application to oppose adoption

X County Council v B (Abduction: Rights of Custody in the Court) [2010] 1 FLR 1197, FD – court seized of custody rights when dealing with an application involving child’s place of residence

Re A (A Child) (Adoption: Removal) [2009] 2 FLR 597, CA – placement of children overseas for purposes of adoption

Re T (Care Order) [2009] 2 FLR 574, CA – court’s duties when presented with a proposed agreed order in care proceedings

X and Y v A Local Authority (Adoption: Procedure) [2009) 2 FLR 984 – FD wholesale breach of adoption rules in FPC

Career

Year of Call: 1989, Inner Temple
Appointed part time tribunal judge (First-Tier Tribunal, Mental Health): 2004
Appointed Deputy District Judge of the Court of Protection: 2020
Regular lecturer and podcaster
Pupil supervisor

Memberships

Family Law Bar Association
Association of Lawyers for Children
Founding committee member, CPBA 

Education

Sidney Sussex College, Cambridge (MA, Law)

Lawyer Rankings

London Bar > Court of Protection and community care

(Leading Juniors)Ranked: Tier 2

Malcolm Chisholm1GC | Family LawMalcolm is a very effective advocate, who expresses his client’s position succinctly and persuasively.

1GC | Family Law‘s members are regularly instructed by the Official Solicitor, NHS trusts, family members and local authorities in the health and welfare, property and affairs, and care and private law matters. The team also handles the damage claims arising from unlawful deprivation of liberty under the Human Rights Act. Andrew Bagchi KC has expertise in marriage and medical treatment cases. ‘Persuasive advocate’ Malcolm Chisholm, who is ‘able to take the heat out of difficult, and emotionally charged situations’ and Alev Giz, who focuses on issues of capacity, deprivation of liberty, expert evidence and best interests in health and welfare matters are the key juniors in the team.

London Bar > Children law (including public and private law)

(Leading Juniors)Ranked: Tier 5

Malcolm Chisholm1GC | Family Law ‘Malcolm is hugely impressive. He manages cases skillfully and can be relied upon to achieve excellent outcomes for clients.’