Samara Brackley

Contact

Expertise

Children Private Law

Samara regularly represents parents and other family members at all stages private children law disputes, from first hearing to final hearing. This includes representing clients in factual as well as welfare disputes, such as allegations of serious domestic abuse, parental alienation, and child-on-child sexual abuse. She is familiar with cases involving a FPR r 16.4 Guardian. Samara is regularly briefed on internal or international relocation cases, or where geography has been a barrier to contact.

Of particular interest to Samara is international children work. She has represented clients seeking location orders in the High Court and has acted for parents in cases requesting evidence from foreign experts through ICACU. She is often instructed on cases involving parallel immigration issues.

Samara acts for parents with mental health difficulties (including parents who have been sectioned under the Mental Health Act 2005) and has acted in cases where a party lacks capacity.

Samara has represented clients at ex parte and return date hearings for both Non-Molestation and Occupation Orders. Samara has successfully argued for Occupation Orders on very short notice (12 hours abridged service) and has acted not just for ex-partners but also for other family members such as grandchildren and parents-in-law.

Children Public Law

Samara receives instructions in all forms of care, adoption, Court of Protection and other public law proceedings.

Samara acted for the local authority in London Borough of Southwark v F [2017] EWHC 2189 (Fam) and as such, is developing a particular specialism in Secure Accommodation applications and procedure. This includes applications for authorisation of the Deprivation of Liberty Safeguards under the inherent jurisdiction of the High Court. In the judgment from the second day of Re F, Hayden J commented that Samara ‘worked tirelessly throughout yesterday, today and most of yesterday evening’ in the context of finding the vulnerable child a secure accommodation placement.

During pupillage, Samara was formally instructed on noting briefs for multiple local authorities on cases with highly complex factual circumstances. One such noting brief required analysing 3000 pages of CPS disclosure in relation to an attempted murder within the family (this case also having a Public Interest Immunity element requiring the instruction of special advocates), and another involving social workers having tampered with evidence that had gone before the court.

Samara accepts instructions in Court of Protection work, predominantly involving young adults.

Family Finance

Samara assists clients in all financial remedies disciplines and has experience of first appointments, FDRs and trials, and at other stages during proceedings, including preliminary issue hearings, MPS applications, enforcement applications and appeals.

Samara has successfully argued for ex parte worldwide freezing injunctions under s.37(2)(a) MCA 1973 and has experience of setting aside dispositions under s.37(2)(b) MCA 1973. 

Samara is regularly instructed in cases involving factual disputes, which have recently included arguments of add-back, post-separation accrual, third party interests in matrimonial property, inherited wealth, material non-disclosure of foreign assets and conduct. She also acts in cases requiring consideration of international capital and income settlements under the Maintenance Regulation.

Samara is instructed in contested divorce cases and has specific experience in disputes over the validity of Talaqs (both foreign and domestic) and other non-proceedings foreign divorces.

Samara accepts instructions from clients pursuing or defending claims under TLATA and financial remedies for children under Schedule 1. She has recently acted for parents of disabled children seeking a Schedule 1 claim post-divorce.

Overview

Year of call: 2016
Areas of specialism:
  • Children Private Law
  • Children Public Law
  • Family Finance
Additional languages:
  • French
  • Italian
Qualifications:
  • University of Bristol, French and Italian BA (Hons) (2:1)
  • Kaplan Law School, GDL (Commendation)
  • BPP, BPTC (Very Competent: Outstanding in Opinion Writing, Cross Examination, Examination in Chief and Family Law modules)
Professional associations:
  • Young Legal Aid Lawyers (YLAL)
  • Family Law Bar Association (FLBA)
  • Bar Pro Bono Unit (BPBU)
Professional activities:
  • Gray’s Inn Cynthia Terry BPTC Award (Major Scholarship)
  • BPP Advocacy Award
Outside Interests:
  • Samara actively contributes to life at Gray’s Inn, particularly in relation to music and performance having achieved Grade 8 Singing, Grade 8 Acting and Grade 8 Musical Theatre.
  • She is a member of the Gray’s Inn Chapel Choir, the Gray’s Inn Songbirds and performs in the Gray’s Inn Miscellany.
  • Samara assists with advocacy training at taster days aimed at university students and judges moots for BPTC students.
  • Samara enjoys art, history and politics. Samara is fluent in French and Italian, having spent time abroad during her degree as an Erasmus student in Geneva and Bologna respectively.
Notable Cases:
  • London Borough of Southwark v F [2017] EWHC 2189 (Fam)