Hamish Hickey

Hamish has forged a practise underpinned  by his perceptiveness and perseverance in providing exceptional advice and representation.  His analytical approach is exemplified in his dedication to his clients and instructions. Hamish is sought after for his sound advice which he delivers attentively with a personable demeanour.

Hamish has a thriving family practice covering all aspects of public law, private law and financial remedy proceedings. 

In respect of public law, Hamish is regularly instructed by local authorities for Care Proceedings and Adoption Act proceedings involving domestic violence, non-accidental injuries and drug and alcohol misuse. He is frequently instructed to draft complex thresholds, advise on experts and appeals. Hamish has also advised in complex adoption proceedings. Hamish also represents parents with complications including psychological impairments and substance misuse and has extensive experience representing Guardians in proceedings involving legal arguments and fact finds.

In the area of private law, Hamish has represented at all stages from first appointments to final hearings; with frequent instructions in finding of fact hearings, involving serious allegations of sexual abuse and domestic violence, with vulnerable parties. 

In financial remedy proceedings, Hamish accepts both privately and publicly funded instructions and is driven by a pragmatic approach to reaching a conclusion without inflating costs.  His strong civil background provides him with a well grounded platform to appreciate the nuances of factual disputes between parties involving all aspects property and finance.

In the sensitive area of Court of Protection work, Hamish receives instructions  in applications under s21A of the Mental Health Act (“DOLS”), serious medical treatment applications, personal welfare applications, and emergency applications.

Although accepting instructions predominantly in family law, Hamish has considerable civil experience with a broad practise covering personal injury, Insolvency, Landlord and Tenant, Consumer Credit and Contract law.   Hamish is still instructed by local authorities and housing associations in respect of injunctions under the Anti-Social Behaviour Act 2003.

Prior to qualifying, Hamish worked as a Solicitor’s Agent appearing in court every day managing a heavy civil caseload, including small claims hearings, interlocutory applications and insolvency applications on behalf of financial institutions and commercial entities.

Public Law (Care Proceedings):

Re: R [2021] – acted for the Guardian where it was necessary to have a fact find where the father was accused of committing historic sex offences against family members.

Re: M/G [2021]- acted for an intervenor accused of causing serious injuries to a child, including broken bones; successfully argued for her and achieved her removal from the pool of perpetrators on the first day of live evidence of a 10 day finding of fact hearing.

Re: M [2020] – acted for a father who had not seen his children for 2 years following the mother abducting them and relocating to a new location with no explanation or fear for her safety. Mother continued to represent herself in person and sought appeals to the Court of Appeal and the Supreme Court on the jurisdiction of the family court. Successfully argued for a new parenting assessment on the basis the predecessor was fundamentally flawed, resulting in father receiving a positive assessment and the children being placed in his care under a final order.

Re: R [2019] – acted for local authority in the removal of 5 children from parents found to have committed non-accidental injuries against an 5 week old in a trial lasting 10 days, with one parent suffering from learning difficulties.

Private Law:

Re: B [2019] – represented a vulnerable mother during private law proceedings involving a Rule 16.4 Guardian at a final hearing to determine father’s application for contact with the children, following the concluding of previous proceedings where he was found to have committed sexual abuse and coercive behaviour towards mother. Father’s application was dismissed, with the court making a s91(14) direction for 3 years and continuing a non-molestation order.

Financial Remedy:

P v P [2020]: successfully obtained an Order for Sale of the wife retaining 100% of the next proceeds of sale, and an order for the husband to indemnify the wife in respect of any liability falling due under the HMRC tax inquiry into his own affairs, where it had been found she had been named his business records without her knowledge.  This decisions was also successfully upheld on appeal.