Malcolm Chisholm

Practice Areas

Serious Medical Treatment and health/welfare disputes in the Court of Protection; complex care proceedings; private family law (child arrangements; leave to remove); adoption (international and domestic); media injunctions in family and Court of Protection cases.

Career

Called 1989. Joined 1GC Family Law in 2000. Appointed part time tribunal judge (mental health) in 2004. Nominated Judge of the Court of Protection since 2020. Regular lecturer. Pupil supervisor.

Professional Memberships

FLBA

ALC

Founding committee member, CPBA

Publications

SMBC v PR (SR Intervening)(Care Proceedings: Children's Evidence)(No 2) [2012] 1 FLR 852, FD (Court's approach to vulnerable witnesses); RC v CC [2013] EWHC 1424 (COP) (Withholding disclosure re: adopted adult); X v (1) A Local Authority (2) NHS Trust [2014] EWCOP 29 (Finding of capacity contrary to professional assessment); Re X (A Child) [2015] EWHC 2778 (Fam); [2015] EWCA Civ 1159 (Withdrawal of care/seriously ill child); An NHS Trust v AB (A Child) and Others [2016] EWCA Civ 899 (CA dismissed parents’ appeal against refusal of High Court judge to escalate treatment for a severely brain-injured child); A Local Authority v D, E, and C (A Child) [2016] EWHC 3473 (Fam) (Deprivation of liberty of Gillick-competent 15-year-old child); Abertawe Bro Morgannwg University LHB v RY [2017] EWCOP 2: (Withdrawal of treatment (Court of Protection)); Re R (Children) (Fact-finding hearing: applicable concepts)[2018] EWCA 198; A Local Authority v JK & W (Adoption: Notification to Father)[2021] EWHC 33.

Personal

Educated at Sidney Sussex College, Cambridge (MA, Law). Married with three children.