Dorian Day

Year of Call: 1987
Email Address: dorian.day@3pb.co.uk
Telephone: 0121 289 4333

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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, 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.

Court of Protection & 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.

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:

  • 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. 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) 584
  • CFA (Ireland) v F [2018] EWHC 939 (Fam) (12 April 2018) ([2018] EWHC 939 (Fam)
  • Re Webb and Others (Re W Hearing) MacDonald J 13.2.18
  • 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 15
  • F 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
  • 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

Recommendations

An experienced advocate with a strong childcare practice, who also represents his clients in financial remedy matters. He frequently acts in matters concerning serious physical and sexual abuse.
"A very well prepared and skilful advocate."

Chambers UK 2019/Family/Matrimonial

Strengths: "He is an excellent all-rounder, who is calm under pressure and has a great  manner in court." "An experienced and ferocious litigator."

Chambers UK 2018/Family/Matrimonial

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Professional bodies

  • FLBA
  • BAA
  • ALBA

Direct Access

Dorian Day is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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