James Cleary
Call 2003
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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.
Specialist Profiles
James regularly appears in private law children cases on behalf of parents and children. He has particular experience of cases with allegations of serious harm against a child – whether by the other parent or someone else – parental alienation and other issues around the upbringing of a child (e.g. their surname). James’ recent cases have included allegations that a father and his new wife had sexually abused his daughter, and a mother who had concealed a relationship with a violent man who had regularly hit her son.
James has an extensive practice in public law children cases. A sample of his recent (non-published) work includes:
- Led by King’s Counsel for a local authority (High Court). The parents killed their baby during ongoing care proceedings. Serious issues around the circumstances of the death and management of media coverage;
- Led Sam Coe for the alleged perpetrator (High Court). A child was killed whilst in the mother’s boyfriend’s care (the boyfriend himself being a child in care);
- Sole counsel for a local authority (High Court). The father killed the mother and her partner. Complex issues around the restraint of media coverage – including advice on whether a television company could be injuncted not to show a documentary about the killings;
- Sole counsel for a local authority (High Court). The mother stabbed her boyfriend to death in the family home and in the presence of the child;
- Led by King’s Counsel for a local authority (High Court). The mother fabricated illness in her child, including convincing the child that they needed to use a wheelchair. Issues around possible genetic causes for the alleged illness;
- Leading junior for a local authority. A mother had convinced her teenage daughter that she had significant medical problems, meaning she could not walk. The abuse was such that the young person felt actual physical pain though there was no physical cause for it;
- Sole counsel for a local authority. The mother was alleged to have given her baby her own diabetes medication, causing life threatening illness in the child, before then taking her own life during proceedings. Issues around the need to prove the extent of the harm in the absence of either parent;
- Sole counsel for a mother (High Court). The mother was alleged to have fabricated psychiatric illness in her teenage daughter, involving clinics in two countries with whom Britain has limited diplomatic relations. Issues around the obtaining of medical information in a fabricated and induced illness case with international dimensions;
- Leading junior for a local authority (High Court). A mother alleging that vaginal injuries to a four-year child were caused by sexual abuse from the father, with the father responding – and the court finding – that the injuries were caused by the mother;
- Sole counsel for a local authority (High Court). A mother abducted her child on the pretext of protecting them from the father and travelled across various jurisdictions to evade the authorities. The case involved liaison with the authorities in three jurisdictions and the extent to which surveillance information could be used.
James maintains his practice in financial remedy cases. James has particular experience in cases involving serious conduct allegations and issues around enforcement. James cases have included:
- Acting for the wife. The extent to which conduct should be taken into account where the husband had been convicted of the attempted murder of the wife;
- Acting for the husband. Whether the allegation that the wife had set fire to the husband’s Roll Royce would be relevant to the determination of the distribution of the assets;
- Acting for the wife. Advising on the enforceability of financial orders where the husband had left the jurisdiction and whose realisable assets were overseas.
Appointments
Reported cases
Wellbeing, Disability and Inclusion Officer for the Midland Circuit.
Public Law Children
- 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.
- 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.
- 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’.
- 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.
- 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:
- 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).
- 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).
- X (A Child) (Jurisdiction and Habitual Residence Issue) [2021] EWFC B81 (impact of the COVID-19 regulations on consideration of habitual residence).
- N (A Child) (No.3) (Content of Care Plan) [2020] EWFC B58 (extent to which a children’s guardian could influence a care plan).
- N (A Child) (No.2) (Psychological Assessment) [2019] EWFC B83.
- 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).
- LA v. MS and others [2019] EWHC 3329 (Fam) (a mother alleging that her child had been poisoning her).
- R, S and T (Children) [2019] EWFC B86.
- 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).
- R, S and T (Children) [2018] EWFC B103.
- R, S and T (Children) [2018] EWFC B102 (serious incest involving mother having intercourse with her learning-disabled son whilst filmed by the father).
- 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).
- 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).
- LA v. X and others [2018] EWHC 2307 (Fam) (reporting restrictions order application in an abduction case with national media attention).
- YZ v. LCC and others [2018] EWHC 2262 (Fam) (application to revoke a care order where serious injuries had been inflicted on the children).
- A, B, C, D and E (Children: Placement Orders: Separating Siblings) [2018] EWFC B11.
- 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).
- 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).
- 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
- 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.
- 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’.
- 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
- R v Boyes [2013] EWCA Crim 441 (appeal against sentence for causing disabling injuries through dangerous driving).
- 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).
- 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).
- Robbie the Pict v Crown Prosecution Service [2009] EWHC B10 (Admin).
4 Recommendations
Legal 500 2025
‘James is a barrister for complex or unusual cases. He provides clear and robust advice and clients are happy to place trust in him. He is an extremely competent advocate. He is very approachable and is willing to go the extra mile when needed.’
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.’
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 2022
‘Exceptional ability to explain complexities to a client...’
