Overview

Barrister Jim Hirschmann joined 3PB in August 2021 and practices in family, education and public law.

His family law practice is broad, taking in care proceedings, private children disputes and applications for injunctive relief where there are allegations of domestic violence. He also takes instructions in Court of Protection cases relating to health and welfare decisions, deprivation of liberty orders and forced marriage protection orders.

Jim also deals with a range of education law matters. In the context of secondary schools Jim has successfully represented children who were appealing the decision to exclude them from their school under the Education Act 2002. In Higher Education, he has experience relating to student disciplinaries, contractual disputes and governance (including of Students’ Unions).

Jim has a particular interest in Public Law, having experience in challenging the decisions of local authorities relating to public child law, homelessness, and other regulatory matters.

Prior to coming to the Bar, Jim represented clients in the County Court in a variety of civil matters, and was also a Visiting Law Lecturer at the University of Westminster where he taught first year degree students.

Jim is hardworking, thorough and adept at explaining complex law in straightforward terms. This is reflected in comments from solicitors such as "a huge thank you for everything you have done on this case which went far and beyond" and comments from judges about Jim’s advocacy as “helpful” and “extremely clear.”

Outside of busy work demands, Jim enjoys sport with a particular interest in rugby, running and squash. He likes travelling and has an armchair interest in philosophy. When time allows he is often found attempting new creations in the kitchen.

Jim is committed to protecting and respecting your privacy. Please contact him for a copy of his privacy notice which sets out the basis upon which any personal data he may collect about you, or that is provided to him, will be processed. He will provide a copy of this to you within two working days of receiving the request.

Expertise

  • Family
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    Care and Adoption

    Jim Hirschmann accepts instructions from local authorities, parents, wider relatives (including prospective guardians) and children who are involved in care proceedings.

    Jim has experience of dealing with a range of abuse allegations, including assisting on a two-week fact finding hearing which involved catastrophic injury to a child consistent with shaking. He also has experience of cases involving the inherent jurisdiction of the High Court often related to issues of forced marriage, deprivation of liberty and secure accommodation orders.

    With a LLM in Public Law he is well placed to consider challenges against the decisions of Local Authorities (including Judicial Reviews and claims under the Human Rights Act 1998).

    Private Law Children, Injunction and Domestic Abuse

    Jim acts in private law applications representing clients in applications relating to arrangements for children under the Children Act 1989. He advises on residence, contact and other orders including, for example, orders relating to passports.

    Jim has experience of all types of hearings, including fact finding hearings and multi-day final hearings. He is able to quickly appreciate the key issues and works closely with solicitors to ensure that cases are well prepared.

    Jim frequently acts for clients affected by domestic violence who are seeking a non-molestation or/and occupation order under the Family Law Act 1996.

    Finance

    Jim is willing to act in financial remedy applications. He recognises the benefit to clients of having continuity of representation in determining both children and financial remedy matters.

    Court of Protection (health and welfare)

    Jim has experience of Court of Protection matters relating to capacity to consent to sexual relations and to marriage.  He also has experience of cases involving Deprivation of Liberty Orders including cases involving young people at risk of exploitation from their involvement with County Lines.

    Court of Protection (property and affairs)

    Jim has experience acting in Property and Affairs matters involving allegations of dissipation of assets.

    He is developing his Court of Protection practice and is keen to accept new instructions in both Health and Welfare and Property and Affairs decisions.

    Recent notable cases

    A v Z (2021): Instructed by a local authority who sought a Deprivation of Liberty Order. The case related to a young person who had run away from her care home and suffered significant harm after becoming involved with suspected members of a County Lines network. The Deprivation of Liberty Order was granted under the inherent jurisdiction of the High Court.

    B v Y (2021): Instructed to act on behalf of a local authority who sought an Emergency Protection Order. The case related to children who had been exposed to prolonged neglect. The order was granted.

    E v F (2021): Successfully appealed against a case management decision of Magistrates who wrongly (1) refused to admit evidence of a non-party witness and (2) changed their order after giving Judgment.

    A v B (2020): Successfully represented a Defendant to set aside default judgment that had been obtained by a major telecommunications company. In addition to the judgment being set aside, Jim obtained an order for costs.

    B v C (2020): Represented a mother in a forced marriage protection case that raised issues of capacity to marry, capacity to consent to sexual relations and the jurisdiction of the Family Court.

    Re FL (a Child): [2020] EWCA Civ 20: As a pupil, assisted in the successful defence of a Special Guardianship Order in favour of a maternal grandmother.

  • Public and Regulatory
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    Jim Hirschmann has a very strong public law and education law practice.

    His public law practice has seen him successfully challenge the decisions of local authorities relating to public child law, homelessness and other regulatory matters.

    He has a good education law practice, dealing with the full range of education law matters. More details of his caseload in this field can be seen in the separate tab below.

    Recent notable cases

    C v D - Jim successfully drafted grounds of appeal under section 204 of the Housing Act 1996 with the result that the local authority conceded the unsuitability of the property offered and made an offer afresh.

    E v F - Jim drafted correspondence on behalf of his client following a local authority’s failure to offer proper support to a special guardian. It resulted in an extensive training package being offered to his client and reconsideration of the financial support due.

     

     

  • Education
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    Jim Hirschmann's education law practice, in the context of secondary schools, has seen him successfully represent children who were appealing the decision to exclude them from their school under the Education Act 2002.

    In Higher Education, Jim has experience of advising students and universities on student disciplinaries, contractual disputes and governance (including of Students’ Unions).

    Recent notable cases:

    A v B - Jim successfully persuaded an independent review panel that the decision to permanently exclude a pupil, due to gang-related violence, should be reconsidered as the school had not done enough to explore options other than expulsion.

    B v C - Jim represented an international University facing a six-figure claim for breach of a franchise agreement and through written negotiations improved his client’s position by over £100,000.

    C v D - Jim represented a student challenging the decision to suspend him from his University and successfully mitigated the sanction imposed.

     

  • Recommendations

    Solicitor client

    "A huge thank you for everything you have done on this case which went far and beyond".

    Solicitor client

    “Thanks for arranging Jim to cover the hearing yesterday. He was brilliant.”

Academic qualifications

  • University of Law, BPTC: Very Competent
  • University College London, LLM Public Law: Merit
  • University of Westminster, LLB European Legal Studies: First Class Honours
  • Erasmus, Free University of Berlin: First Class Equivalent (Averaged ECTS Grade A)

Scholarships

  • University of Law, Performance Award for top mark in the Judicial Review Module (2018)
  • University of Law, Master of Moots Advocacy Scholarship (2017)
  • Lincoln’s Inn, Hardwicke Entrance Award (2017)

Professional bodies

  • Attorney General’s ‘Junior Juniors’ Panel
  • Court of Protection Bar Association
  • The Constitutional & Administrative Law Bar Association

Direct Access

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

More Information