Manisha Marwaha

Manisha Marwaha

MANISHA MARWAHA

Year of call: 2009

Call clerks: 0113 297 1200

Email clerks: clerks@kbwchambers.com

 

  • Practice Recommendations

    Legal 500 [2022] – Public Law Leading Junior (Tier One) – “Manisha is extremely professional, prompt and courteous. She is very thorough in her preparation.”

    Legal 500 [2021] – “Manisha is extremely professional and prompt. She has an excellent manner with clients and is well liked by clients who she represents.”

    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.

    Decisions of Local Authorities and Children’s Services: Manisha accepts instructions to provide advice and representation in Judicial Review proceedings in respect of Local Authority obligations under the Children Act 1989 and associated regulations. Manisha can also provide advice and representation to Local Authorities, parents and children in relation to the implications of the Human Rights Act 1998 and awards of damages for breaches of rights.
    Immigration Decisions: Manisha 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. Manisha has further appeared before the Court of Appeal as a junior alone in cases with issues central to asylum claims. Manisha has considerable 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 involved in claims in which she is instructed. She consequently 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 has been instructed to advise on Judicial Review Proceedings in matters where the Clinical Commissioning Group (CCG) has refused to commission a particular care package.
    Decisions arising from Inquests and Inquiries: Manisha has experience of judicial review proceedings resulting from coroner’s conclusions or findings. Manisha regularly appears in matters involving government departments (including on behalf of the Home Office and the Ministry of Justice) as well as Local Authorities.

    Training and Webinars/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 [2022]Family Law Leading Junior (Tier One) – “A patient, robust and determined junior. Very knowledgeable and forensic.”

    Legal 500 [2021]“A strong advocate, able to easily establish a relationship with lay clients putting them at ease.”

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

    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.”

    Family 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 band one 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 skilled advocate with a real flair for putting people at ease. Manisha works tirelessly and tenaciously to achieve the best possible outcomes for her clients.

    Manisha can in particular provide specialist advice and representation in the following matters:

    • International Child Abduction, including emergency injunction applications
    • International relocation of children
    • Family cases involving a variety of international jurisdictions
    • Asylum, Immigration, EEA and Nationality cases involving children – this includes proceedings where there are ongoing challenges to decisions of the Secretary of State for the Home Department to remove a non-resident parent
    • Nationality and immigration issues arising specifically in care proceedings eg when the court looks at alternative carers outside the jurisdiction, both within and outside Europe
    • Cases involving forced marriage, trafficking and FGM (sometimes referred to as FGC)
    • Cases involving counter-terrorism, parental extremism and childhood radicalisation

    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 concerning 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 also 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, fabricated/induced illnesses, proceedings set in sensitive cultural contexts and also proceedings with an international element.

    Notable Cases

    Re M [2021] – Represented the respondent father of two children in public law proceedings before the High Court, led by Sarah Morgan QC (now the Honourable Mrs Justice Morgan). Allegations of international child abduction and serious domestic abuse were raised. The proceedings further involved three different jurisdictions. The case successfully concluded with a care plan involving the return of the children to their father.
    Re H [2021] – Leading Junior for a Local Authority in public law proceedings, which included a separate hybrid finding of fact hearing to address allegations of fabricated and exaggerated illness by the mother. Manisha led Becky Jane of KBW Chambers in this matter. The case involved extensive oral evidence from 20 witnesses, including substantial cross examination of the mother, numerous professionals and expert witnesses.
    Re S [2021] – Represented a father in public law proceedings in one of the first cases involving a European transfer to be heard post exit day from the European Union. At the time of the final hearing the available avenue for transfer was no longer via the Brussels IIa Regulation. Accordingly a then novel application was advanced for transfer via the 1996 Hague Convention, as set against the new legal climate following Brexit.
    Re D [2020] – Advised and represented the Local Authority in a rare and successful interim application for the return of multiple children to the UK via the Brussels IIa Regulation.
    Re Z [2019] – 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 substantial 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 and physical 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 at the time 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 the father against the mother in relation to the ordered arrangements. The mother was ultimately 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 vulnerable mother in private law proceedings in an application for contact where the mother suffered from severe learning difficulties and allegations of serious child neglect had been advanced against her.
    Re D – Represented a father in private law proceedings in which 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 and multimedia 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 public law proceedings involving a complex finding of fact and further final hearing. The case included extensive expert evidence relating to 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 also continues to provide specialist webinars on matters concerning international family law for a number of educational providers. Manisha is happy to contribute to other events on request and can provide webinars, seminars and training for practitioners as well as third parties including legal and childcare professionals.

  • Practice Summary

    Manisha is a dynamic leading junior who is endorsed by the Legal 500 as a “Rising Star” with extensive experience in Public Law and Family Law. Drawing on her strengths and expertise from each individual practice area; Manisha provides an informed perspective on issues relating to the welfare and decision making for those that are incapable of doing so themselves. Manisha’s practice carries a strong focus on cases with a link between Children Law matters and Court of Protection work and in particular cases involving vulnerable young people making the transition into adulthood.

    Manisha offers incisive advice whilst retaining a human touch and accepts instructions on behalf of family members, relevant person’s representatives, local authorities, healthcare bodies and the Official Solicitor in health and welfare cases and matters concerning serious medical treatment.

    Manisha is experienced in acting in applications relating to personal welfare, challenges to Deprivation of Liberty Safeguards (DOLS), cross border matters and use of the inherent jurisdiction where a vulnerable person has decision making capacity. Manisha has acted in numerous applications for Forced Marriage Protection Orders and Genital Mutilation Protection Orders for adults, including being instructed by the Official Solicitor on behalf of a protected person. Manisha’s experience makes her particularly adept at acting and advising in cases where a young person is transitioning from child social care to adult social care services.

    Manisha also 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.

    Manisha provides bespoke training to a number of Local Authorities and private client Solicitors. Manisha is happy to contribute to other events on request and can provide seminars and training for practitioners, mental health care professionals and third parties.

    Notable Cases

    KG (Capacity) [2021] EWCOP 30 – Challenge to the standard authorisation granted by the second respondent Local Authority. The court’s adjudication was required as to whether P had capacity to make decisions about his residence, care and a best interests decision about his future.

  • 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. 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 in Article 2 jury inquests concerning the death of prisoners in custody and further those involving public sector duties, powers and allegations of misconduct. Manisha is also able to provide specialist advice and representation to institutions and individuals in connection with Inquiries established under the Inquiries Act 2005, particularly where issues of historical or recent child protection failures are investigated.

    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.

  • Manisha’s expertise spans both public and private law with a particular focus on Administrative Law, Children Law (specifically where there are international issues arising) and matters in the Court of Protection. 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. Manisha has in addition acted as leading junior Counsel. She is described as a “strong advocate” and 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.” Manisha is also a door tenant at 33 Bedford Row (London).

    Recommendations/Awards

    Legal 500 [2022]Family Law Leading Junior (Tier One) – “A patient, robust and determined junior. Very knowledgeable and forensic.”

    Legal 500 [2022]Public Law Leading Junior (Tier One) – “Manisha is extremely professional, prompt and courteous. She is very thorough in her preparation.”

    Legal 500 [2021]“A strong advocate, able to easily establish a relationship with lay clients putting them at ease.”

    Legal 500 [2021] – “Manisha is extremely professional and prompt. She has an excellent manner with clients and is well liked by clients who she represents.”

    Legal 500 [2021] “Manisha approaches matters with attention to detail, a thorough knowledge of the immigration system and a straight forward approach with clients.”

    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

    Court of Protection Bar Association

    Society of Asian Lawyers

    North Eastern Circuit