Clerk Details

Overview

Barrister Jim Hirschmann joined 3PB in August 2021 and practices in family, education and public law (see more details on his expertise in these areas below). He often acts for and against local authorities and has a particular interest in public law challenges that relate to his core practice areas.

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.

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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    Jim Hirschmann's family law practice is focussed on children law. His work has a public child emphasis. He also has experience in private child cases and of injunctive relief sought following allegations of domestic violence.

    His family work is complimented by his expertise in judicial review, education law and the Court of Protection.

    Read more on his expertise profiles below.

     

  • 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 including licensing by Ofsted.

    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 found on his education law profile here.

    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. He also has experience acting in appeals in the SEND Tribunal, often relating to Education, Care and Health Plans.

    In higher education, Jim has experience of advising students and universities on student disciplinaries, contractual disputes and governance (including of students’ unions). As a solicitors’ agent he regularly attended county court hearings (completing 188 hearings prior to pupillage) and was regularly concerned with applications to set aside default judgment, strike out and case management hearings. He is therefore well placed to assist clients in managing their case through the civil courts and tribunals.

    In a regulatory context he has experience of considering challenges to licensing decisions made by Ofsted. His experience in public child family means he is experienced in working for and against local authorities.

    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.

  • Care and adoption
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    Jim Hirschmann accepts instructions from local authorities, parents, wider relatives (including prospective guardians) and children who are involved in care proceedings. He has experience of cases involving non-accidental injury to the subject child. He is regularly instructed in 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 Master of Laws (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).

    Notable cases

    B v F - acted for a local authority that sought authorisation for the deprivation of liberty in relation to a young person found in a property known for heavy drug usage, including heroin. The case involved circumstances where there was no suitable secure accommodation unit nor children’s home available. The inherent jurisdiction of the High Court was invoked to protect the young person whilst attempts to secure a more suitable placement continued.

    G v H - acted for the local authority in a five day fact-find hearing and up to final hearing. Significant findings were made against the parents in relation to serious non-accidental injuries suffered by the child including a lip laceration, left radial shaft fracture, an injury to the left femur and multiple bruises. The case involved consideration of ambiguous expert medical evidence. Adoption and placement orders were ultimately made.

    F v M - acted for a local authority in a contested seven day final hearing involving allegations of corruption, drug abuse, domestic violence and peripheral serious organised crime. The local authority’s care plan was endorsed and the final order that they sought was made.

    B v Y - 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.

    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.

     

  • Private law
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    Jim Hirschmann 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. His cases regularly concern allegations of serious domestic violence including of coercive and controlling behaviour.

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

    Notable cases include:

    E v F - 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.

  • Court of Protection
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    Jim accepts instructions in both health and welfare and property and affairs decisions.

    Health and Welfare

    He has experience in health and welfare matters. He has worked on cases concerning forced marriage protection orders, capacity to consent to sexual relations, capacity to marry and capacity to choose residence.

    He has experience of deprivation of liberty applications involving young persons at risk of criminal exploitation and in cases where there is a dispute as to where a young adult with significant health needs should be educated.

    Property and Affairs

    In the property and affairs context he has experience of cases involving allegations of dissipation of assets and applications to appoint a deputy.

    Notable cases include:

    A v Z - 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 C - 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.

     

  • Recommendations

    "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.”

    Solicitor client

    "Thank you so much.You have been absolutely fantastic.....You are very professional, very helpful and have guided me so well in this case."

    Lay client 

     

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 Access (or Public Access) scheme.

More Information