Jo Delahunty KC

Practice Areas

Public law

Jo specializes in extreme child abuse cases involving infant death/catastrophic injury, child rape/buggery, attempted suffocation and strangulation, shaken babies, false allegations mimicking abuse (extreme prematurity, vitamin D/rickets/EDS), Factitious Inducted Illness, child on child sexual abuse, internet pedophilia, ritualized abuse and FGM. Jo takes time out from back to back ‘heavy weight’ child abuse trials , acting for vulnerable clients with mental health issues and learning disabilities and involving cross examination of UK and International medical and scientific experts, to cases that give rise to novel points of law that require academic and legal determination in the high court and above. Jo is as well known for her persuasive legal argument as for her tactical astuteness and cross examination prowess - e.g. – it was she, on behalf of the child victim of torture, who set up the test case that challenged the limitations of diplomatic immunity (see A Local Authority v AG [2020] EWFC 18, A Local Authority v AG No 2 [2020] EWHC 1346 and AG [2021] EWHC 1253 before the President and Sir Duncan Ousley sitting in Divisional Court Barnet BC) the first time diplomatic protection had been challenged for a Grade 1 serving foreign diplomat. That case was heard in the Divisional Court- the first time it had been convened to hear a family case in 10 years. It was also Jo who was initially approached to act for 3 of the 4 women appellants in Re HN [2021] EWCA Civ 448 in the CoA in 22 before determining upon the case of Re T within the 4 ( cf below) . these 4 appeals were used by the President and Court of Appeal to issue guidance (after a 20 year hiatus) on how the family courts should manage domestic abuse such as rape, coercive control

Private law -DA/CCB/PA

Jos professional and public profile in Re HN has had a number of consequences. Re HN was the first family case heard in the CA to be live streamed to 1000’s. JDKC’s ’brilliant’ ‘riveting’ performance was singled out for praise and led to her being named as a ‘shero’ by the CEO of the UK Women’s Refuge Centre’s, praise endorsed in retweets by Jess Phillips MP and Caitlin Moran who were watching and commenting on Jos case.

Since Re HN Jo is sought out specifically to act in private law cases involving allegations of DA/ CCB and parental alienation. Jo also created and delivered the trained to the judiciary on Domestic abuse and CCB in both private and public law in 21/22. Jo was the only KC out of the 18 who appeared in the CA in Re HN to have been entrusted with this responsibility. In 22 ,Jo set up the private law test case (ultimately heard by the President in 22) to scrutinise the family courts use, as Part 25 experts of unaccredited and unregulated ‘parental alienation ‘experts’ (e.g.- see Re C). Jo spoke to the FLBA in May 23 on parental alienation.

Speaking -Jo has an international reputation for her work in the law –e.g. - she is a returning speaker to the NSW Child Protection conference held in Sydney, a returning speaker to the ITT annual conference (Croatia 2021, Istanbul 2022 and (forthcoming) Qatar in 2023). Jo was the headline speaker for the Resolution annual Conference in 22 and was invited back to speak at the London Resolution Conference in 23. She has already been invited to chair the NAGALRO conference on parental alienation scheduled for March 24. Jo was the (only) family silk invited to give evidence to the CEDAW People Tribunal on Women’s Rights and to The Westminster Select Committee on the review of Legal Aid. Jo sits on the Nuffield Advisory panel reviewing fair treatment of parents with learning disabilities in court proceedings. Jo’s profile via Gresham as their Emeritus Professor in Law continues- her back catalogue of lectures has now been downloaded nationally and internationally and has a reach of millions. In Jan 23 Jo was invited back by Gresham to give a joint lecture with Prof Owen Arthurs (Radiologist at GOSH) on the family courts use of medical experts (Jan 23) (now also published as an article by Family Law – pub date Aril 23).

Awards

Jo was granted the Freedom of City of London in 2019 for her contribution to the law. She was named by Middle Temple as one of the 100 Women of Distinction of the last 100 years. Jo was awarded the Chambers and Partners Award 2022 for her ‘Outstanding Contribution to Diversity & Inclusion’. Jo was Finalist Lexi Nexis Family QC 2020, Lexis Nexis Legal Personality of the Year 2020 Finalist. Inspirational Woman in Law - Barrister of the Year Finalist FLA 2020. Having won multiple awards under the Lexis Nexis banner since 2013 , since 2021 Jo has moved on to judging them

Career

Jo is passionate in her efforts to encourage a diverse Bar - she is a speaker for Speaker for Schools, a charity set up to inspire young students from disadvantaged backgrounds from the ages of 15 upwards to stay in education and to go to university; she is a mentor and Ambassador for ‘Bridging the Bar (BTB), a charity set up in 2020 to mentor aspiring students from socially disadvantaged and BAME backgrounds; she is Ambassador of the ‘Bringing our Dis(Ability) to the Bar’ launched in 2022. She is a mentor and Patron of the Association of Women Barristers. She won the “Next 100’ Image prize in 22 for her championship of BTB and has used the money to set up an essay competition for the next aspiring BTB Supreme Court interns with a prize fund of £500. Jo’s efforts to inspire openness about problematic issues in the legal professions continue; in 22 , at the Annual Resolution Conference she spoke about the hidden prevalence of neurodiversity in the legal profession and the stigma attached to it- leading to her being the cover of Counsel Magazine in March 23 headlined ‘Taking the Neurological Lead’ flagging the lead article within it in which Jo publicly declared and discussed her ADHD diagnosis- a stance that has led to positive, open debate about autism, ADHD and other perceived ‘disabilities’ in the legal profession. Jo is often asked to appear on radio and TV on issues concerning child abuse or the legal profession (e.g.- BBC Newsnight on the death of toddler Arthur Labimjo Hughes’ Why are we failing to Keep Children Safe’ ( Dec 21).

Jo is also a Recorder (family) and Bencher- Middle Temple

Publications

Jo is now under contract to Bloomsbury to write their inaugural book on domestic abuse and ccb - ‘Domestic Abuse in the Family Justice System- a Practical guide’ An overview of the law relating to domestic abuse in the family jurisdiction, incorporating best practice from the criminal courts, to assist practitioners navigating their clients through the Family Court process- publication date 24.

Jo is also under contract to Bristol AC Press to write a book on her life in the law ‘We Set the Bar- Fighting for equality, empowerment and change within the legal profession’ ’ publication date March 24