Malcolm Chisholm > Chambers of Nkumbe Ekaney KC and Andrew Norton KC > London, England > Barrister Profile
1GC | Family Law Offices
1GC | Family Law
10 LINCOLN’S INN FIELDS
LONDON
WC2A 3BP
England
- Set Profile
- Go to...
Malcolm Chisholm
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 2Malcolm Chisholm –1GC | Family Law ‘Malcolm is excellent with vulnerable adults and is a very good mediator. He is extremely persuasive in court as he finds the route which is good for everyone.’
1GC | Family Law‘s members have substantial expertise in cases of deprivation of liberty, medical treatment and termination of treatment and alleged human rights infringements of vulnerable adults. Andrew Bagchi KC ’s workload includes decisions about medical treatment, marriage and sexual relations in marriage and medical treatment cases. Malcolm Chisholm is ‘a very effective advocate, expressing his client’s position succinctly and persuasively’ and has expertise in handling deprivation of liberty and personal welfare cases. Alev Giz regularly gets instructions from the Official Solicitor and family members on health and welfare, and care matters and is known as ‘an exceptional advocate, incredibly skilful and nuanced’. Louise MacLynn KC was appointed as silk in March 2023.
London Bar > Family: children and domestic abuse
(Leading Juniors)Ranked: Tier 5Malcolm Chisholm – 1GC | Family Law ‘Malcolm is a hugely dependable advocate. He has excellent client care skills and is a pleasure to work with as a solicitor.’