Practice Profile
Martin Kingerley QC is a family law barrister who specialises in the law relating to children. His practice encompasses the most serious and complex private and public law cases. Martin is also renowned for his expertise in respect of surrogacy, assisted conception other aspects of the HFEA 2008 and he regularly advises and represents parents and fertility clinics both within the UK and internationally.
Martin is much sought after in cases which involve fact-finding hearings in respect of domestic abuse, parental alienation, intractable disputes and domestic and international relocations.
Since taking Silk, Martin remains known for his specialist knowledge, excellent judgement, tactical acumen and calm, measured approach. Martin accepts instructions nationally and internationally and appears in court both in London and all other areas of England and Wales.
Martin is Head of the Children Team at 36 Family. He regularly speaks at seminars both within chambers and at external conferences at which he provides training for members of the judiciary, barristers and solicitors.
In 2018, Martin was appointed as a Recorder. He sits as a Judge in the Family Court on the South-Eastern Circuit
Testimonials
Work Undertaken
- Public Law children (Care and Adoption)
- Private Law children
- Assisted conception
- Surrogacy
- International children cases
- Child Abduction
- Court of Protection – health and welfare and property and affairs
Appointments & Memberships
- Queen's Counsel - 2020
- Head of the Children Team - 36 Family
- Leicester and Leicestershire Family Justice Board Member (Chair) 2014 - 2020
- Recorder - Family Court - 2018
- Lincoln’s Inn
- Family Law Bar Association
- Midland Circuit
- Chairman Leicester and Leicestershire Family Justice Board Education and Training sub-committee
- Member of Resolution
Notable Cases
Re Z (Embryo Adoption: Declaration of Non-Parentage) [2018] EWFC 68, [2018] 4 WLR 169
Acted for pro bono for the successful applicant mother. Advised on, sought and obtained a declaration of non-parentage in this important authority which highlights the pitfalls and legal implications of undertaking fertility treatment outside the UK.
BT & GT (Children: Twins-Adoption) [2018] EWFC 76
Represented twins, via their children’s guardian, in these factually and legally complex proceedings. Following findings of ‘incompetence and social work failings of the local authority’ advised on and obtained significant damages for breaches of the twins' human rights.
Re C (A Child) [2016] EWHC 3473 (Fam)
High Court proceedings which clarify the extent to which children in care are able to consent to being deprived of their liberty.
PD, SD, JD and X County Council [2015] EWHC 4103 (Fam)
In these complex and emotionally sensitive proceedings, Martin acted for the local authority and sought clarification as to the extent to which an adopted child (who was diagnosed with gender dysphoria) was permitted to exclude his adoptive parents from all aspects of his life including relating to medical treatment.
In the Matter of the HFEA 2008
(Cases A-H Declaration of Parentage) [2015] EWHC 2602 (Fam) – Munby P – Groundbreaking multi party litigation concerning declarations of parentage in cases of assisted conception.
AB v CD and Z Fertility Clinic
[2013] EWHC 1418 (Fam) – Cobb J - The use of declarations of non-parentage following assisted conception within a same sex relationship.
JP v LP and Others
[2014] EWHC 595 (Fam) – King J – Unique proceedings invoking wardship to protect a de facto commissioning parent in domestic surrogacy arrangement.
Re X (Capacity to Consent to Termination)
[2014] EWHC 1871 – Munby P – Proceedings concerning the principles to be applied to determine whether a termination of a pregnancy was in the best interest of a 13 year old with learning disabilities.
S (A Child) & Ors v Nottingham City Council & Ors
[2013] EWCA Civ 771 – Ryder, McCombe and Gloster LJJ – successfully responded to appeal against the exoneration of a mother accused of serious non-accidental injuries.
Northamptonshire County Council v AS and Ors
[2015] EWHC 199 – Keehan J – representation of a local authority found to have breached Articles 6 and 8 rights of parties to care proceedings
Northamptonshire County Council v RG and Ors
[2015] EWCOP 66 – Lush SJ – Successful revocation of an enduring power of attorney.
Seminars
2017 SFE Conference
Martin Kingerley spoke alongside Baroness Finlay of Llandaff at the 2017 SFE conference.
2016 Solicitors for the Elderly Conference
Martin Kingerley spoke alongside Senior Judge Denzil Lush at the 2016 Solicitors for the Elderly Conference