Damian Stuart

Damian has a wealth of experience dealing with private law Children Act matters and often acts for parents, children and extended family members.  In 2016, Damian represented a mother in the Court of Appeal in a case concerning allegations of honour-based violence.

Damian was a member of the Law Society’s Children Panel until his transfer to the Bar. He continues to represent local authorities, parents, family members and children in care proceedings.  He is highly regarded for his work concerning non-accidental injuries and cases involving child sexual abuse. Damian has a particular skill in extracting the truth in fact finding hearing and recently extracted a witness box confession from a father who had broken his baby daughter’s leg.

Damian has recently acted for a mother who was supporting the placement of her baby with a family member in circumstances where the local authority and Guardian were supporting a Placement Order being made. The child is now with the family member under a Special Guardianship Order. In another recent case, Damian successfully resisted a finding being sought in a case where a grandfather was accused of sexually abusing two young girls.

Damian has a sympathetic approach to vulnerable witnesses and clients, but can be firm where required.  His written work also frequently attracts praise from Judges.

Damian writes articles for Family Law and Family Law Week and gave a talk at White Paper 2016.

23rd October 2024 | [2024] EWCA Civ 1261

H (Children: Uncertain Perpetrator: Lies)

Acting for the father. The Court of Appeal rejected a mother’s appeal against a judge’s decision to place her in the “pool of perpetrators” of injuries inflicted on her youngest child, after the judge was unable to make a finding on whether the injuries were inflicted by her or her new partner.

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22nd June 2020 | Bailii

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10th October 2012

SB v A Local Authority [2012] EWCA Civ 1269

Appeal by the father against findings of fact of a sexual nature made in a three-week trial. Appeal dismissed.

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15th June 2011 | Jordan's

Re G and E (Children) (Vulnerable Witness) [2011] EWHC 4063 (Fam); [2013] 2 FLR 1556

Preliminary application as to whether G should give oral evidence in public law proceedings relating both to herself and her younger brother, E.

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20th November 2009

Re T (A Child) [2009] EWCA Civ 1208

Mother’s application for permission to appeal against the findings of fact mad following a 5-day hearing concerning the causation of the child’s injuries in the course of the care proceedings

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Damian has experience of representing parties and lecturing about the Court of Protection.  He represented sisters in the case of Re FT [2015] EWCOP 49, where they faced an application for reconsideration of an order appointing them as deputies. The application was refused and an interesting costs order made against the applicants.

29th July 2015 | Bailii

Re FT [2015] EWCOP 49

Application for reconsideration of order appointing two siblings as P’s deputies. Application refused and costs ordered against the Applicants.

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15th June 2011 | Jordan's

Re G and E (Children) (Vulnerable Witness) [2011] EWHC 4063 (Fam); [2013] 2 FLR 1556

Preliminary application as to whether G should give oral evidence in public law proceedings relating both to herself and her younger brother, E.

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Damian has experience of representing parties in applications for orders in family finance cases.

Damian has experience in cases concerning applications for permission to remove children from the jurisdiction and where children have been unlawfully removed. He is happy to act in out of hours emergency applications.

H (Children: Uncertain Perpetrator: Lies) [2024] EWCA Civ 1261  Acting for the father. The Court of Appeal rejected a mother’s appeal against a judge’s decision to place her in the “pool of perpetrators” of injuries inflicted on her youngest child, after the judge was unable to make a finding on whether the injuries were inflicted by her or her new partner.

N (A Child) [2019] EWCA Civ 1997

Re FT [2015] EWCOP 49 Application for reconsideration of order appointing two siblings as P’s deputies. Application refused and costs ordered against the Applicants.

SB v A Local Authority [2012] EWCA Civ 1269 Appeal by the father against findings of fact of a sexual nature made in a three-week trial. Appeal dismissed.

Re G and E (Children) (Vulnerable Witness) [2011] EWHC 4063 (Fam); [2013] 2 FLR 1556 Preliminary application as to whether G should give oral evidence in public law proceedings relating both to herself and her younger brother, E.

Re T (A Child) [2009] EWCA Civ 1208 Mother’s application for permission to appeal against the findings of fact mad following a 5-day hearing concerning the causation of the child’s injuries in the course of the care proceedings