Year of Call
2013Areas of practice
“An outstanding advocate who represents clients fearlessly whilst maintaining professional relations with his colleagues and other advocates. ”
Legal 500 2022
Biography
Kyle specialises in Court of Protection proceedings (health and welfare) and family law (with an emphasis on public children cases). He is regularly instructed in cases where these two jurisdictions interact, and is experienced at dealing with cases where children in care reach the age of 18 but continue to require supervision by the court.
Kyle is regularly instructed in cases involving allegations of the most serious nature, including fabricated and induced illness, non-accidental head injuries, and forced marriage of young people. He has acted in cases which have involved difficult questions of capacity relating to adolescents and young adults, including in relation to medical treatment, as well as community care issues. He also has experience of protecting vulnerable adults from forced marriage and acting to remedy the consequences of a forced or incapacitious marriage. Kyle has represented parties who speak only limited English, and dealt with cross examination in complex factual scenarios through interpreters.
In addition to his practice at the Bar, Kyle is the Trust Barrister at Great Ormond Street Hospital and is very experienced in cases involving complex and serious medical issues, suitable treatment and, on occasion, inquests relating to children.
Kyle approaches his cases in an empathetic manner and strives to understand the difficult predicament in which clients find themselves. He acknowledges that families are likely to be facing the most challenging periods in their lives and will do his utmost to ensure that the legal process is made as manageable as possible. Solicitors describe him as having a "calm and reassuring presence which puts clients at ease immediately" and bringing "a calmness to even the most difficult of cases with depth of knowledge about the law and the intricacies of the case before the court".
Kyle regularly runs training sessions for solicitors, and in December 2021 he and Kate Round published an article in Family Law entitled 'Protecting liberty 'in practice': principles and mechanisms for child care lawyers' giving guidance on applications which may involve the deprivation of liberty of a child.
Kyle completed a secondment as a judicial assistant to Lieven J in the Family Division of the High Court at the end of 2019 giving him insight into the working of the court, and exposure to numerous significant cases. Kyle is a contributing author to LexisPSL expert Q&A panel.
Kyle was named as a Rising Star for Children Law (Public and Private) in the Legal 500 2021 and 2022, and is ranked as a Leading Junior in the 2023 edition. The 2021 edition described that he “has an eye for detail. He is able to disseminate complex information quickly but with accuracy. Kyle is approachable and friendly. He is articulate during his advocacy, addresses all relevant complex points without being verbose”.
Court of Protection
Kyle regularly appears in the Court of Protection. He has appeared on behalf of the Official Solicitor, local authorities, and CCGs. He has experience of acting in applications relating to personal welfare, DoLS challenges, and experience of use of the inherent jurisdiction. He regularly acts for the Official Solicitor on behalf of protected parties.
Kyle’s experience in family law makes him particularly well suited to advise in cases where a young person is transitioning from child social care to adult social care services, or where there are issues concerning forced or incapacitous marriage. He has acted in a number of such cases, and has advised on, and successfully sought declaration for, breaches of Articles 5, 6 and 8 against local authorities. In December 2021, in conjunction with Kate Round, he published an article in Family Law entitled 'Protecting liberty 'in practice': principles and mechanisms for child care lawyers' dealing with applications for the deprivation of liberty of children.
Kyle has acted in cases concerning significant medical treatment, and the necessity for deprivations of liberty to ensure treatment is maintained. Kyle represented the local authority in A Local Authority v KK & JK & Ors [2020] EWCOP 68, an application for a Deprivation of Liberty order in respect of a young adult who mismanaged her diabetes to the point that she was close to death. It was heard in the Family Division until she turned 18 when it transferred to the Court of Protection which discharged the order having considered the balance between protecting her rights and forcing treatment on an adult with capacity.
Children law (public)
Kyle has a significant practice in public children proceedings. He acts for local authorities, parents, children, other relatives and potential Special Guardians.
Kyle is regularly instructed in cases involving challenging evidence and complex legal issues. His recent cases include non-accidental injuries (including shaking injuries); sexual abuse of young children; FII; cases which involve forced marriage and female genital mutilation; and cases with an international element, including placement outside of the jurisdiction.
Kyle regularly represents vulnerable parties through litigation friends and often the Official Solicitor. His knowledge of Court of Protection issues complements his work with vulnerable parents well, and he had been described by solicitors as ‘going above and beyond what is expected of counsel’. Kyle’s knowledge of Court of Protection proceedings means he is well placed to advise and act in cases involving deprivation of liberty; young people transitioning from children to adult social care services; and medical decision making relating to children. He acts in cases which span the two jurisdictions, including those for young people approaching adulthood. In December 2021, he and Kate Round published an article in Family Law entitled 'Protecting liberty 'in practice': principles and mechanisms for child care lawyers' giving guidance on applications which may involve the deprivation of liberty of a child.
Inquests
Kyle has been seconded to Great Ormond Street Hospital since July 2021 as Trust Barrister and Head of the Legal Team. During that time, he has been involved in advising the Trust in cases of alleged clinical negligence and of acting on their behalf at inquests. The nature of the cases being dealt with at Great Ormond Street mean that these cases are often highly complex medically and emotionally.
Kyle has recently advised the Trust in respect of the inquest into the death of Noah Dixey, a case which attracted media attention - for example in Leicestershire Live and MyLondon News.
Kyle also has experience of dealing with clinical negligence claims and is able to accept instructions in these types of cases.
Instruct
To instruct Kyle, please contact Jay Dorton or Stephen Bush.
Education
- LL.B. (Hons) University of Hull
Memberships
- Family Law Bar Association
- Court of Protection Bar Association
- Trustee: Live Unlimited
Prizes
- Lord Denning Scholarship, Lincoln's Inn
- Hubert Greenland Scholarship, Lincoln's Inn
- Dean's Award for Highest Performance in Civil Litigation on BPTC
- Dean's Award for Highest Performance in Criminal Litigation on BPTC
- OUP prize for Transnational Commercial Law
Notable Cases
Coventry City Council v MK (through his litigation friend the Official Solicitor) and GK and MAK [2023] EWHC 249 (fam): representing a protected party in linked Family Court/CoP Proceedings regarding the status of a putative marriage and a Forced Marriage Protection Act order
Re S (Children - Party Status) [2022] EWCA Civ 1717: representing a local authority in respect of an appeal by someone denied party status in care proceedings.
Inquest into the death of Noah Dixey (2022): acting for Great Ormond Street Hospital in an inquest into the death of a young patient after surgery.
Great Ormond Street Hospital v GAO (2022): acting for Great Ormond Street Hospital in respect of medical treatment for a young child who had relapsed leukaemia and who had been medically evacuated from Ukraine without his parents.
NCC v VW: representing a local authority in a lengthy fact finding hearing involving over 25 witnesses of fact giving evidence as to the alleged factitious or induced illness of a very young baby.
Re K & L [2021] EWFC B39: Acted for a mother in a fact finding hearing relating to a Forced Marriage Protection Order where there were complexities because the client spoke only limited English and had to give evidence through an interpreter, and significant cultural issues which had to be taken into account.
A County Council v KK & Ors [2020] EWCOP 68: Acted for a local authority in proceedings before a High Court judge concerning an 18 year old woman and whether it was in her best interests to be deprived of her liberty for the purpose of medical treatment.
Re KK (2021) (COP): Acting for P before Keehan J in a case where there were complex issues of fluctuating capacity and appropriateness of declarations of incapacity.
Re ZA (2020): Acting for a mother through the Official Solicitor in care proceedings where it is alleged she was subject to forced marriage, and in concurrent proceedings in High Court for declaration of non-recognition of the marriage.
Re VW (2020): Led junior in significant case of FII, where findings made that newborn child was repeatedly smothered to obtain medical treatment.
Re BW (2020) (COP): Acting for P through Official Solicitor in case where he successfully sought declarations of breaches of P’s article 5, 6 and 8 rights by the local authority.