Barristers act pro bono in successful High Court appeal

In March 2025, our applicant received notice that permission for his appeal of an order in 2022 had been granted. The 2022 order made a finding in Children Act 1989 proceedings that he raped the mother. While the appeal was filed in time, the extraordinary delay was, as Mr Justice Hayden stated, the responsibility of ‘the appeals system in the Royal Courts of Justice’. Unfortunately, he was unable to afford representation to the hearing and made an application to Advocate for support.

Joanna Thom and Harrison Engler of Field Court Chambers very kindly agreed to assist, preparing with very little notice.

The judgment comprehensively sets out the challenges faced by family courts when serious allegations, including of criminal behaviour such as rape or sexual assault, are made by parties. The judgment is a helpful guide on the proper approach to allegations of rape in fact findings concerning the welfare of children.

Notably, Mr Justice Hayden praised Joanna and Harrison’s representation, saying:

“At this hearing, the Applicant Father is represented by Mr Engler and Ms Thom. They appear pro bono. The father is very fortunate to have their services. They described themselves as co-counsel, dividing submissions between them, which were presented succinctly and effectively. In this area of work, where legal aid is no longer broadly available, the Bar makes a critical contribution to access to justice, through its pro bono work. This hearing is an example of the importance of that contribution. Mr Engler and Ms Thom have filleted F’s own discursive and frequently misconceived written arguments and recrafted them skilfully. I have found their help to be invaluable”.

Both Advocate and the applicant were deeply grateful for the generous pro bono support provided by Joanna and Harrison. In a follow-up email, the applicant wrote:

"Harrison and Joanna demonstrated not only legal expertise but also empathy, precision, and commitment to justice. Their ability to grasp the legal issues and translate them into a compelling skeleton argument in such limited time was remarkable. I remain deeply thankful to Advocate, Emily, and both barristers for making this appeal possible.

Mr. Justice Hayden himself acknowledged their pro bono efforts and commended their preparation and advocacy. I would strongly recommend Harrison and Joanna to anyone in need of passionate, professional, and principled legal representation. They are outstanding ambassadors of the Bar and a shining example of why pro bono work matters.

Thank you, Advocate, and all those working tirelessly behind the scenes to make access to justice possible.”

Read the judgment in full in A(Appeal: Findings of Fact) Re [2025] EWHC 1279 (Fam).