Manisha Marwaha

Manisha Marwaha

MANISHA MARWAHA

Year of call: 2009

Call clerks: 0113 297 1200

Email clerks: clerks@kbwchambers.com

 

  • Practice Recommendations

    Legal 500 [2020] – “A Rising Star”

    Legal 500 [2019] – “Very client focussed”

    Legal 500 [2018]  – “An Immigration Law Specialist”

    Public and Regulatory Practice Summary

    Manisha is a passionate and popular public law junior with a wide range of expertise in decisions resulting in judicial review proceedings. Manisha is ranked as a leading public law junior in the Legal 500. She regularly provides advice and representation to those wishing to challenge as well as defend decisions of bodies such as the state, private sector and non-governmental organisations. Manisha has extensive experience in appearing before a number of specialist tribunals nationwide including the Upper and First Tier Tribunals of the Immigration and Asylum Chamber and the Administrative Court.

    Areas of Expertise

    Judicial Review: Manisha is a highly regarded junior with considerable experience in Judicial Review applications and a particular emphasis on applications concerning immigration decisions issued by the Secretary of State, education decisions made by local authorities or independent panels, decisions reached by the Court of Protection and the conclusions/findings resulting from coroner’s inquests.

    • Immigration Decisions: Manisha is recognised in the Legal 500 as a leading junior and “immigration specialist” who has extensive experience in advising and representing appellants in the First-Tier and Upper-Tier Tribunal of the IAC for full immigration and asylum appeals. She consequently also has a healthy Judicial Review workload and considerable experience in both the Upper Tier Tribunal and Administrative Court.
    • Court of Protection Decisions: Manisha accepts instructions on behalf of claimants, relatives, statutory agencies, private bodies and the Official Solicitor in health and welfare cases and matters concerning serious medical treatment. Manisha is regularly instructed to advise on Judicial Review Proceedings in matters where the Clinical Commissioning Group (CCG) has refused to commission a particular care package.
    • Education Decisions: Manisha provides advice and representation regarding judicial review proceedings in education, particularly arising from decisions of local authorities or independent panels.
    • Decisions arising from Inquests and Inquiries: Manisha has considerable experience with judicial review proceedings resulting from coroner’s conclusions or findings. Manisha regularly appears in matters involving government departments (including the Home Office and the Ministry of Justice) as well as Local Authorities.

     

    Education: Manisha advises and provides representation to parents, pupils, schools, academies, institutes of further and higher education, teaching staff, academic staff and local authorities across the complete range of disputes from nursery to university. Manisha’s practice encompasses a wide range of matters including school admissions at all levels, special educational needs, exclusions and disciplinary matters.

    Training and Seminars

    Manisha is able to provide tailor made training, seminars and/or workshops on the current operation and/or new developments in administrative law for a range of clients including Local Authorities and Solicitors.

    Direct Access

    Manisha is able to accept instructions in appropriate cases under the Direct Access Scheme, which means she can be directly instructed without the need to go through a Solicitor. Manisha can undertake a variety of services from the provision of initial advice on the merits of a case and drafting of relevant documentation to representation at hearings.

  • Practice Recommendations

    Legal 500 [2020]“Manisha Marwaha has considerable experience in cases with an international aspect as well as representing vulnerable clients.”

    Legal 500 [2020]“Approachable and good with clients.”

    Legal 500 [2019] – “She is very client friendly.”

    Legal 500 [2019] – “Manisha Marwaha has solid experience in cases involving potential international relocation / abduction of children.”

    Legal 500 [2018] – “Very personable and diligent; clients like her.”

    Legal 500 [2018] – “Manisha Marwaha handles cases involving potential international relocation of children.”

    Practice Summary

    Manisha is a specialist Children Law Barrister who practices in both public and private law proceedings. She has been ranked in the Legal 500 as a leading family junior for a number of consecutive years and brings a wealth of experience and expertise beyond her year of Call. Manisha’s work often has an international dimension and includes cases involving child abduction, relocation and jurisdiction disputes and/or transfers. Manisha is recorded in the Legal 500 as having “solid experience in cases involving potential international relocation / abduction of children.”

    Manisha regularly represents both public bodies and private individuals and provides a wide knowledge base as well as determined and thoughtful representation at all levels of Tribunal from the Family Court through to the Supreme Court. Manisha appears regularly in the High Court and is regarded as a skillful advocate with a real flair for putting people at their ease. Manisha works tirelessly and tenaciously to achieve the best possible outcomes for her clients.

    Manisha’s unique dual expertise in Immigration Law has proven popular with a wide range of clients who also have ongoing immigration matters and/or whose cases have overlapping issues with an international element. Manisha can provide specialist advice and representation in the following matters:

    • Cases involving forced marriage, trafficking and FGM (sometimes referred to as FGC);
    • International Child Abduction, including emergency injunction applications;
    • Asylum, immigration, EEA and Nationality cases involving children;
    • International relocation of children;
    • Family cases involving a variety of international jurisdictions;
    • Concurrent family and immigration proceedings;
    • Nationality and immigration issues arising in care proceedings eg when the court looks at alternative carers outside the jurisdiction, both within and outside Europe.

     

    Manisha also has extensive experience in representing vulnerable clients, deploying detailed cross examination of expert witnesses and providing a rigorous analysis of medical and electronic data. She has developed a solid reputation for meticulous case preparation and for being a fearless and skilled advocate who is approachable and quickly able to build a rapport with clients. She provides sensible and robust advice.

    Private Law Children

    Manisha advises and acts for parents and other family members in a wide range of private law children work including applications spanning the full range of child arrangements orders, cases involving issues over parental responsibility, cases with an international element and cases involving serious allegations of child abuse, sexual abuse and serious domestic violence.

    Manisha also has extensive experience of enforcement proceedings in this area. Manisha further has considerable experience in cases concerning specific issue orders and prohibited steps orders, with specific emphasis on education, medical treatment and name changes.

    Public Law Children

    Manisha acts for all parties in care and adoption proceedings, including parents, grandparents, interveners, children’s guardians and local authorities. Manisha has been instructed on numerous occasions on behalf of the Official Solicitor and accordingly has extensive experience with the most vulnerable clients. She has considerable experience in cases involving non-accidental injury, sexual abuse, serious domestic violence between parents, fabricated/induced illnesses, proceedings set in sensitive cultural contexts and also proceedings with an international element.

    Notable Cases

    • Re Z – Advised and represented the Local Authority before the High Court in a matter where the jurisdiction of the court was contested. The child concerned was born in the UK with complex health problems including Downs Syndrome and feeding via a PEG system. The family previously fled the UK to Slovakia and averred they returned for medical treatment only. The child presented on return with life threatening symptoms. Following a disputed hearing on jurisdiction, involving oral evidence, the High Court ultimately agreed with the Local Authority’s novel application of the Brussels IIa regulation and case for retaining jurisdiction.
    • Re Q – Represented a father in private law proceedings in a contested application for contact where serious and multiple allegations of rape, sexual assault, physical and verbal abuse had been advanced against the father. The matter involved a lengthy finding of fact hearing in which the mother was ultimately found to have fabricated many of the sexual allegations and substantially exaggerated her evidence in other areas. The father further had an outstanding immigration claim and accordingly the case required knowledge and advice on relevant aspects of immigration law. Manisha was uniquely instructed in both jurisdictions.
    • Re G – Represented a father in multiple sets of proceedings concerning firstly the relevant child arrangements and thereafter the enforcement proceedings brought by father against mother in relation to the ordered arrangements. Following a fully contested final hearing the mother was found to be in breach of the existing order without any reasonable excuse and made subject to a financial penalty and unpaid work.
    • Re M – Acted on behalf of a mother in private law proceedings in an application for contact where the mother suffered from severe learning difficulties and allegations of child neglect had been advanced against the mother.
    • Re D – Represented a father in private law proceedings where the father wished to prevent the mother from relocating to China, where the parties had previously lived. The child arrangements ordered were favourable to the father and thereby prevented the mother from relocating with the children.
    • Re R – Represented a father in a complex care case involving issues of child abduction, neglect and human trafficking. Analysis of lengthy phone evidence was required. In addition sensitive and measured cross examination was undertaken of a vulnerable young adult mother with learning difficulties who required the use of an interpreter throughout.
    • Re F – Represented the Local Authority in a care case involving a complex finding of fact and further final hearing concerning multiple non accidental injuries caused to two children including severe fractures and burns.

     

    Additional Information

    Manisha is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.

    Manisha spent four months working as a Human Rights Advocate in the north of India for a ground roots organisation dealing with numerous issues including the rights of children. Her work quickly gained her relevant experience in dealing with vulnerable individuals engaged in highly sensitive matters. Such matters included serious violence and abuse being administered against children and women within villages and police stations.

    Manisha also conducted seminars and workshops for State Police and Local Bar Associations whilst in India. She continues to present seminars for her professional clients to date. Manisha is a speaker in the KBW Seminar Series dealing with private and public children law. Manisha has also provided specialist webinars on matters concerning international family law. Manisha is happy to contribute to other events on request and can provide seminars and training for practitioners as well as legal and childcare professionals and third parties.

  • Practice Summary

    Manisha is a dynamic leading junior with extensive experience in public law and family law. Drawing on her strengths and expertise from each individual practice area, Manisha provides a unique perspective to issues relating to the welfare and decision making for those that are incapable of doing so themselves. Manisha offers incisive advice whilst retaining a human touch and accepts instructions on behalf of claimants, relatives, statutory agencies, private bodies and the Official Solicitor in health and welfare cases and matters concerning serious medical treatment.

    Manisha has a particular interest in cases concerning a wide number of issues regarding capacity, including dementia, alcohol related Korsakoff’s syndrome, acquired brain injury, personality disorder, schizophrenia and Prader-Willi syndrome. Manisha has extensive experience in matters concerning judicial review claims and is regularly instructed to advise in matters where the Clinical Commissioning Group (CCG) has refused to commission a particular care package.

  • Practice Recommendations

    Legal 500 [2020] “A Rising Star”

    Legal 500 [2019]  – “Very client-focussed”

    Legal 500 [2018]  – “An Immigration Law Specialist”

     Immigration Practice Summary

    Manisha is a dedicated public law practitioner specializing in asylum, immigration and nationality matters. Manisha is ranked by the Legal 500 as a leading junior in the fields of Public Law and Immigration. Manisha is also described within the Legal 500 as a “rising star.” She has extensive experience in advising and representing parties in the First-Tier and Upper-Tier Tribunal of the IAC for full immigration and asylum appeals. Manisha also has a healthy Judicial Review workload and considerable experience appearing before the Upper Tribunal and Administrative Court in substantive judicial review claims. She is experienced in appearing before the Court of Appeal as a junior alone in cases with issues central to asylum claims.

    Manisha’s mixed background in training allows her to draw on experience from a variety of different jurisdictions. This has proven to be advantageous to those of her clients who are engaged in multiple proceedings, including those with ongoing family matters, and also those facing deportation cases and bail applications.

    Excellent advocacy and client care skills allow Manisha to deal effectively with a wide variety of clients, particularly vulnerable clients and those engaged in emotionally distressing situations. She combines high quality advocacy and meticulous preparation in all aspects of asylum, immigration law and judicial review.

    Manisha regularly drafts grounds of appeal and skeleton arguments, including up to Court of Appeal level. She is used to working to strict deadlines and making herself available at short notice in this fast paced and continuously changing area of law.

    Manisha regularly provides expert opinions on immigration and nationality issues for Local Authorities, proceedings in the Family Court and she has been consulted in relation to Extradition proceedings.

    Areas of Expertise

    Manisha’s practice is comprised of the full range of appeals available. Manisha accepts instructions particularly in the following types of cases to all levels:

    • Judicial Review
    • Administrative Review
    • Human Rights applications and appeals
- of particular note, Manisha is regularly instructed in family and child matters which include challenges to decisions of the SSHD to remove a non resident parent where there are extant contact proceedings. Manisha further has considerable experience in cases where the removal is sought of a dependent adult relative.
    • Applications for Refugee Status (including third country removal, minors and disputed nationality). Manisha has extensive experience of cases involving nationals from all over the world but particularly Iran, Iraq, Albania, Eritrea, Ethiopia, Nigeria and Sri Lanka. Manisha can be relied upon to be up to date on the country situation of any national she is representing.
    • Trafficking Claims
    • Unaccompanied Minors
    • Detention and bail
    • Deportation and removal
    • Immigration Offences
    • EU Free Movement and other Nationality claims
- Manisha has provided advice in complex cases concerning applications to be registered as a British Citizen under the British Nationality Act 1981 as a result of parentage. Manisha is further, in the climate of Brexit, frequently met with requests for advice on where EEA and EU nationals and their family members stand and what steps they ought to take.
    • Refugee Family Reunion
    • Fresh Claims
    • Entry Clearance
    • Visa Refusal – Manisha frequently advises on sensitive cases where visas fall to be refused on mandatory and discretionary grounds under the Immigration Rules.
    • Points Based System – Manisha is experienced in matters involving individuals accused of English language test fraud, and individuals whose applications under the Points Based System are refused on the basis of tax discrepancies.

     

    Additional Information

    Manisha is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.

    Manisha spent four months working as a Human Rights Advocate in the north of India for a ground roots organisation dealing specifically with issues of national police reform and the rights of women and children. Manisha’s work quickly gained her relevant experience in dealing with vulnerable individuals engaged in highly sensitive matters. Such matters included internal corruption within government groups and serious sexual and physical abuse as administered against children and women within villages and police stations.

    In addition to the above, Manisha also conducted seminars and workshops for Indian State Police and Local Bar Associations and further drafted and filed several public interest litigation applications to the Supreme Court of India.

    Manisha has been a regular speaker on overlapping immigration and family law issues in the popular KBW Seminar Series. She also provides smaller seminars on current or general topics at the request of her professional clients.

  • Practice Summary

    Manisha is a sought after junior for complex inquests and public inquiries and has been instructed on behalf of a wide range of interested persons and core participants. Manisha regularly appears in matters involving government departments (including the Home Office and the Ministry of Justice) as well as Local Authorities. Manisha is  instructed frequently and specifically in Article 2 jury inquests concerning the death of prisoners in custody and further those involving public sector duties, powers and allegations of misconduct.

    Whether making submissions to a coroner as to the proper scope of an inquest, or putting questions to witnesses including expert witnesses; Manisha’s professional but personable and considerate manner enables her to effectively represent the varying concerns of a range of different clients. She is well known for her calm and reassuring manner when meeting clients in difficult and sensitive situations.

    Manisha is recommended for her knowledge, sensitivity and tactical approach. She is ideally placed to advise and represent interested persons in the most complex of cases. Manisha is also experienced at handling judicial review proceedings resulting from coroner’s decisions.

    Recent Inquest Work:

    • Inquest into the death of  BH – Hull Coroner’s Court – Two week Article 2 Jury Inquest – acting for the Prison Service in relation to the death of a prisoner in which the possibility of the deceased having taken non prescribed drugs in prison was explored as a matter contributing to his death. Following expert medical evidence and evidence from the Governor of the Prison, any suggestion of failures on the part of the prison regarding its drug supply strategy was discounted. The medical cause of death was ultimately found to be unascertained.
    • Inquest into the death of MS – Durham Coroner’s Court – Article 2 Jury Inquest – acted for the Prison Service during proceedings relating to the death of a prisoner who murdered his blind partner and then attempted to murder his parents on Christmas Day. The deceased subsequently took his own life following his trial, where he was convicted of murder. The deceased suffered from a number of mental health issues and the extent to which he was properly monitored in prison came under great scrutiny. The Jury ultimately returned a conclusion of suicide.
    • Inquest into the death of LA – Durham Coroner’s Court – Article 2 Jury Inquest – acted for the Prison Service in a week long inquest following the exploration of a possible spice (NPS) related death and issues concerning delay in entering the deceased’s cell. Expert medical evidence was heard and the medical cause of death was ultimately found to be unascertained.

  • Practice Summary

    Manisha is experienced in advising and representing claimants and defendants in a wide range of civil claims and hearings at all stages. Manisha is frequently instructed by government departments including the Ministry of Justice.

    Manisha has extensive trial experience and is regularly instructed on fast track and multi-track trials. She also has considerable experience when dealing with the various interlocutory applications that can be made under the CPR.

    Manisha has a busy paper practice and regularly advises on evidence, liability and quantum and drafts statements of case. Accordingly Manisha is able to assist throughout the claims process including drafting, conference and hearings at all stages.

    Additional Information

    Manisha is happy to accept instructions directly from members of the public and professional clients, in appropriate cases, under the Direct Public Access scheme. Manisha can offer a variety of services from the provision of initial advice on the merits of a case and the undertaking of drafting work, to representation at court hearings.

  • Manisha’s expertise spans both public and private law with a particular focus on administrative law, family law (specifically where there are international issues arising) and inquests and coronial law. Manisha has been instructed as junior counsel in the Court of Appeal and frequently appears in the High Court. She is regularly instructed at appellate level and at first instance where novel or complex points of law have been identified. She is described as a “rising star” by the Legal 500 and further noted in the Legal 500 as having “considerable experience in cases with an international aspect as well as representing vulnerable clients.”

     Education

    University of Newcastle Upon Tyne – LLB (Hons)

    Nottingham Law School – Bar Vocational Course

    Recommendations/Awards

    Legal 500 [2020] “A Rising Star”

    Legal 500 [2020]“Manisha Marwaha has considerable experience in cases with an international aspect as well as representing vulnerable clients.”

    Legal 500 [2019] – “Very client-focussed”

    Legal 500 [2019] – “Manisha Marwaha has solid experience in cases involving potential international relocation / abduction of children”

    Legal 500 [2018] – “Very personable and diligent; clients like her”

    Legal 500 [2018] – “An Immigration Law Specialist”

    Levitt Scholarship – Lincoln’s Inn

    Winner of the Times / Herbert Smith National Advocacy Competition

    Appointments

    Attorney General’s Regional Panel of Junior Counsel to the Crown (C)

    Chair and Panel Member for Education Admission Appeals, Bradford

    Professional Memberships

    Administrative Law Bar Association

    Family Law Bar Association

    Immigration Law Practitioner’s Association

    Society of Asian Lawyers

    North Eastern Circuit