Family

Shaun Spencer’s family practice includes:

• Private and Public Law children applications, having acted for local authorities, parents and children;
• Ancillary Relief;
• Co-habitation disputes under TOLATA;
• Children Act Schedule 1 applications.

Shaun has extensive experience in all aspects of Children Act proceedings. He has been involved in a number of serious cases involving complex issues of fact and law. Shaun has represented parents, local authorities and Children’s Guardians from first appointment directions hearings to final hearing.

Over recent years Shaun has expanded his Ancillary Relief practice and is routinely instructed in increasingly higher value cases although in cases of modest assets he has a thorough appreciation of the principles of benefits and social housing which he has found to be crucial in making a difference in the ultimate outcome.

Examples of recent cases in which he has been instructed have involved issues of:

- Prolonged neglect and non-accidental injuries;
- Serious domestic violence where there has been the alleged perpetration of sexual violence;
- Attachment disorders in children including inter-sibling and parental attachments requiring specialist assessment and treatment;
- Cases involving specific cultural and religious issues;
- Residence and contact disputes including intractable contact cases where psychological and psychiatric assessment and enforcement issues are involved;
- Cases involving the appointment of a rule 9.5 Children’s Guardian given the implacable hostility between the parties and complexity involved in the case; and
- Asset dissipation, identification of foreign assets, inheritance and child maintenance.

Memberships

Family Law Bar Association

Regulatory

Environmental

Shaun has a successful and expanding environmental practice. He undertakes a range of environmental litigation and advisory work in both the criminal and civil jurisdictions.

He has particular experience of issues relating to environmental offences and removal notices under the Environmental Protection Act 1990 and has been instructed to advise in relation to the Contaminated Land Regime and in respect of claims involving environmental pollution.

He has represented developers, site operators, local authorities, major companies and individuals. He has appeared both in his own right on a large number of cases and has also been led in several more complex cases. He has also been instructed on a number of matters in the High Court, including Judicial Review.

Regulatory

Shaun has a depth of experience in regulatory matters that belies his year of call. His practice straddles both the civil and criminal jurisdictions, offering not only the discipline and detail that civil paperwork brings, but also the skills and experience gained as a criminal advocate.

He has experience in business and agricultural regulatory cases, health and safety prosecutions, animal health and trading standards cases.

He has also been instructed on a number of matters in the High Court, including Judicial Review.

Shaun regularly acts on behalf of Cheshire Police in applications for Anti-Social Behaviour Orders, Sexual Offences Prevention Orders and Cash Seizures under the Proceeds of Crime Act 2002.

Reported Cases

Leo Sawrij Limited v North Cumbria Magistrates' Court [2009] EWHC 2823 (Admin)
O'Connor Utilities v HM Revenue & Customs Commissioners [2009] EWHC 3704 (Admin); [2010] STC 682

Recent Significant Cases

Successful judicial review of HMRC's interpretation of statutory time limits for the bringing of condemnation proceedings.

Represented the interested party in a claim for judicial review by the Environment Agency of the costs award made at first instance; the claim was successfully opposed.

Successfully represented a large regional waste operator in relation to alledged breaches of its waste management permit and its appeal against a removal notice.

Represented a number of linked companies in an application to discharge a Restraint Order made in contemplation of an environmental prosecution.

Memberships

UK Environmental Law Association

Public Access