Katherine Dunseath

Year of Call: 2008
Email Address: katherine.dunseath@3pb.co.uk
Telephone: 020 7583 8055

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Overview

Katherine Dunseath has a thriving practice encompassing all areas of family law. She has a particular interest in medical law, human rights arguments and jurisdictional cases. She regularly appears in the High Court and has appeared in the Court of Appeal on numerous occasions. She is a fearless advocate.

She is shortlisted for the 2017 Family Law award for 'Junior Barrister of the Year'.

National press coverage of Katherine Dunseath’s cases

Expertise

  • Family
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    Katherine has a thriving practice encompassing all areas of family law. She has a particular interest in medical law, human rights arguments and jurisdictional cases. She regularly appears in the High Court and has appeared in the Court of Appeal on numerous occasions. She is a fearless advocate.

    Private Law Team 
    Katherine regularly appears in the County Courts, the High Court and the Court of Appeal on a range of areas including:

    • Medical operations
    • Matters involving complex parental alienation issues
    • Leave to remove from the jurisdiction
    • International child abduction
    • Fact finding hearings on sexual abuse allegations, incest, schedule 1 offenders and domestic violence

    Public Law Team 
    Katherine has a thriving care practice and regularly represents parents, Local Authorities and children in a range of proceedings at both first instance and at appellate level involving:

    • Jurisdictional issues
    • Non accidental injury
    • Sexual abuse
    • Parental alienation
    • Physical and emotional neglect

    Finance/Property Team 
    Katherine regularly advises and represents clients in cases issued under the Civil Partnership Act, Matrimonial Causes Act, TOLATA and under Schedule 1 of the Children Act. She also appears in court on matters concerning:

    • Contested divorce (particular expertise in cases involving religion and the law)
    • Applications to vary maintenance orders
    • Transfer of tenancies
    • Applications for child maintenance (pre and post 18 years under the MCA and sch.1 CA)
    • Non-matrimonial assets and post accrual of assets
    • The apportionment of assets generally

    Cases of interest 

    • Mills v Mills [2017] EWCA Civ 129
      In the matter of X, Y and Z (children) (Retrospective Leave to Remove from the Jurisdiction)
    • [2016] EWHC 2439 (Fam)
    • LM and DR (Return to Non-Convention Country) [2016] EWHC 1943 (Fam)
    • Re AO (Care Proceedings) [2016] EWFC 36
    • Re L and B (Children) (Specific Issues: Temporary Leave to remove from the jurisdiction; circumcision) [2016] EWHC 849 (Fam)
    • In the matter of JL and AO (Babies relinquished for adoption) [2016] EWHC 440 (Fam)
    • Guerroudj v Rymarczyk [2015] EWCA Civ 743, [2015] All ER (D) 152 (Jul)
    • R (a child) [2014] All ER (D) 168 (Feb)
    • PAM & PAF (Mr and Mrs PA) v South Gloucestershire Council (LA) & Ors [2014] EWFC B202
    • Re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam)
      Jafari v Bidaki [2013] EWCA Civ 1760

    Articles 

    • July/August 2017: with C. Lloyd-Smith: Parental Abduction within the UK (Issue 189 Resolution)
    • March 2017: with F. Feehan QC: Varying maintenance: Mills, March [2017] Fam Law
    • November 2016: with R. Harrison QC and S. Craddock: 'Should I stay or should I go? Where the clandestine removal of a child from the jurisdiction is not unlawful: LM v DR’ November [2016] Fam Law
    • August 2016: with J. Chegwidden: 'A clear conclusion: religious circumcision for boys' August [2016] Fam Law
    • July 2016: 'Babies relinquished by foreign nationals: leading guidance': July [2016] Fam Law

    Interviews 

    • With Frank Feehan QC Maintenance payments as a gateway to independence (Mills v Mills) (28.02.2017) interview with LexisNexis
    • With K. Taft: English court exercises jurisdiction in retrospective leave to remove case (Re: X, Y and Z) (25.10.2016) interview with LexisNexis
    • With R. Harrison QC: Summary return and competing jurisdictions (11.08.16) interview with LexisNexis
    • Court considers transfer of tenancy on separation (23.07.15) interview with LexisNexis
      Evidence and interim care orders (21.02.14) interview with LexisNexis

    National press coverage of Katherine Dunseath’s cases  

    Publications

    • 2nd Sep 2016

      Babies relinquished by foreign nationals: leading guidance by Katherine Dunseath. JL v AO (Babies Relinquished for Adoption) [2016] EWHC 440 (Fam), [2016] FLR (forthcoming and reported at [2016] Fam Law 556.

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    • 2nd Sep 2016

      Court considers transfer of tenancy on separation. Katherine Dunseath discusses the Court of Appeal's recent decision in a dispute between two former cohabitants over a joint secure tenancy. Guerroudj v Rymarczyk [2015] EWCA Civ 743, [2015] All ER (D) 152 (Jul). Interview with Lexis Nexis.

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    • 2nd Sep 2016

      Evidence and interim care orders. Discussing the judgment in Re NL, Katherine Dunseath predicts that the increasing push for transparency within the family justice system will result in the evidence of local authorities being subject to ever-increasing scrutiny by the court. Interview with Lexis Nexis.

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    • 2nd Sep 2016

      Richard Harrison QC and Katherine Dunseath advise that the judgment in LM v DR emphasises the duties of those who pursue without notice applications. LM v DR [2016] EWHC 1943 (Fam) Interview with Lexis Nexis.

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    • 3rd Mar 2017

      Katherine Dunseath and Frank Feehan QC discuss the Court of Appeal's judgment in Mills v Mills, which highlights the financial ties afforded by joint lives maintenance payment. Katherine Dunseath, a barrister at 3PB Barristers, and Frank Feehan QC analyse how the Court of Appeal approached a cross-application for an upward variation of a joint lives maintenance order taking into account financial decisions made by a divorcing spouse over a 15 year period.

      They discuss the Court of Appeal's judgment in Mills v Mills, which highlights the financial ties afforded by joint lives maintenance payment.

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    • 1st Nov 2016

      English court exercises jurisdiction in retrospective leave to remove case (re X, Y and Z) – a Lexis Nexis interview by 3PB Family Barrister Katherine Dunseath and Ellis Jones' Katie Taft. Katherine Dunseath, a barrister at 3PB Barristers, and Katie Taft, a senior associate at Ellis Jones Solicitors, discuss a novel family case involving important issues of delay and settlement.

      Katherine Dunseath (Call 2008) has a thriving practice advising on all aspects of family law. She regularly appears in the High Court and has appeared in the Court of Appeal on numerous occasions.

      ** This article was first published on Lexis®PSL. Family analysis on 25 October 2016. Click for a free trial of Lexis®PSL.

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Recommendations

‘She has a forceful cross-examination style.’

Legal 500 2017/Regional Bar, South Eastern Circuit, Family and children law, Leading juniors

'An expert in cases with an international element, who fiercely protects her clients interests with professionalism and congeniality.'

Legal 500 2016/Regional Bar, South Eastern Circuit, Family and children law, Leading juniors

Academic qualifications

  • BVC (2007) BPP London
  • LLM (2006) University College London
  • Employment law
  • Advanced Medical Negligence
  • European Community Environmental Law
  • International Environmental
  • Law GDL (2005) Brunel University
  • BSc Geography (Hons) First Class (2004) Brunel University

Scholarships

  • Stage Scholar, Grays Inn (2007)
  • Prince of Wales Scholar, Grays Inn (2006)
  • UKELA Moot Finalist (2006) Before Lord Slynn

Professional qualifications & appointments

  • Judicial Assistant, Court of Appeal (March – July 2008)
  • Blue Book Stagiaire, European Commission (October 2007- February 2008)

Professional bodies

  • Association of Lawyers for Children
  • Child Abduction Lawyers Association (CALA)
  • Family Law Bar Association
  • Free Representation Unit

Direct Access

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

More Information

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