Henry Setright QC

Henry Setright QC

Henry Setright QC 'is amongst the best advocates in the market.' Chambers and Partners 

Experience

Year of Call: 1979
Year of Silk: 2001

Appointments

Recorder
Deputy High Court Judge (Family Division)

Profile

Henry Setright QC was called to the English Bar in 1979 and was appointed Queen's Counsel in 2001. He has for many years specialised in international children's and family work at the highest level, including cases in the UK Supreme Court, the Court of Justice of the European Union, the European Court of Human Rights, the House of Lords, the Court of Appeal, and the High Court, and as lead English counsel in an Amicus brief in the United States Supreme Court. 

He has (so far) appeared in more than 100 leading cases reported in the English Family Law Reports, a total not to date equalled by any other member of the Bar. These include (for example) consideration of issues relating to acquiescence, adoption, asylum, attempted assassination, care proceedings, children's representation, children's views, conflict of jurisdiction, custody rights, diplomatic privilege, forced marriage, habitual residence, domestic violence, human rights, immigration, marriage, relocation, risk of harm, Sharia law, settlement, surrogacy, and welfare in the context of international family litigation.

He has appeared in landmark international family cases in the House of Lords in 2005, 2006, 2007 and 2008.

In October 2009 he appeared in Re: I UKSC 10 [2010] 1 FLR 361, on jurisdiction and the interface in a non EU (Anglo-Pakistan) case with the Brussels II revised regulation – it was the first Family case in the UK Supreme Court. He led an English team presenting a brief in the landmark rights of custody appeal of Abbott v Abbott, the first 1980 Hague Convention case to be heard in the United States Supreme Court (judgment in USSC 17th May 2010). He has also appeared in Hague Convention cases in the ECtHR, notably Ignaccola-Zenide v Romania and Carlsson v Switzerland.

The 2010 Family Law Reports feature eight of his recent cases.

He has recently appeared in landmark decisions before the President (Chief Constable and Another v YK and others [2010] EWCA Fam 2438) in relation to disclosure and the conduct of forced marriage hearings and in the Court of Appeal on marriage/immigration policy (R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening), R (Bibi) v Secretary of State for the Home Department) [2010] EWCA Civ 1482 judgment 21st December 2010 and successfully in the first family case referred by the English Court of Appeal to the Court of Justice of the European Union (Mercredi v Chaffe Case C 497/10 PPU judgment 23rd December 2010) on habitual residence in children's cases.

In addition to his court appearances, he lectures regularly in England and internationally at conferences and seminars. He is the author of numerous articles on international family law, and is co-author of International Parental Child Abduction (Jordans/Family Law).

He is one of the originators of, and sits on the steering group of, the Reunite/Nuffield Foundation pilot scheme for mediation in child abduction cases, and assisted in the drafting of the Forced Marriages Bill introduced by Lord Lester of Herne Hill in late 2006, and now passed into law.

MORE

Directories

Henry Setright QC is "undoubtedly amongst the best there is" on international children's cases and child abduction, relates one admiring source. Recent cases have included Quila Bibi and Aguila v the Secretary of State for the Home Department in the Court of Appeal and the Supreme Court, a landmark case on forced marriages and restrictions on marriages for under-21s. His record in cases of such importance led one interviewee to remark that "he is a very long way ahead of the second best barrister in international children's disputes."
Recommended as a Leading Silk in Chambers and Partners 2013
(Star Individual)

Henry Setright QC is ‘among the best practitioners in child abduction and other international cases’.
Recommended as a Leading Family Silk in the Legal 500 2012 (First Tier for Children Law)

When it comes to cross-jurisdictional children disputes, Henry Setright QC “is amongst the best advocates in the market.” He was recently involved in Mercredi v Chaffe, the first family case referred by the English Court of Appeal to the Court of Justice of the European Union. Sources say that “he is tactically astute and has excellent cross-examination skills.
Recommended as a Leading Silk in Chambers and Partners 2012 (Star Performer)

‘Devastating advocate’ Henry Setright QC is ‘unrivalled in this area’.
Recommended as a Leading Family Silk in the Legal 500 2011 (First Tier for Children Law)

Henry Setright QC is a leading expert in cross-jurisdictional children disputes. He recently represented the interveners in Re I (A Child), the first family law case to be heard in the Supreme Court. According to sources, “he is an unbeatable cross-examiner with an encyclopaedic knowledge of international law.”
Recommended as a Leading Silk in Chambers and Partners 2011 (Star Performer)

Recommended as a Leading Family Silk in the Legal 500 2010

“Setright is a distinguished figure in the field of international abduction”.
Recommended as a Leading Silk in Chambers and Partners 2010

‘Henry Setright QC is the go-to man when it comes to international work’as ‘there isn’t anything he doesn’t know’, according to market sources. A ‘formidable advocate’, he is a ‘wonderful tactician with a sharp analytical mind’ who applies his skills to a high-profile practice focusing on international children and family work.
Chambers & Partners 2009

4 Paper Buildings recently welcomed international family law specialist Henry Setright QC.
Recommended as a Leading Family Silk in the Legal 500 2009

A very impressive advocate at the peak of his powers… Henry Setright QC routinely argues several cases a year in the Court of Appeal and/or the House of Lords – most but not all of these relate to international child abduction or other cross-border child issues falling under Brussel II regulations. ‘Very notable in the area, and justifiably so’, he sets the tone for many of the juniors in the set.
Chambers and Partners 2008

Henry Setright QC is ‘your man in child abduction’ matters due to his ‘unrivalled knowledge of abduction law’. In addition to his sterling international children law practice, he has also ventured into the field of forced marriages.
Chambers and Partners 2007

Henry Setright QC has been in over 80 reported family cases (more than anyone else at the bar) and has ‘accumulated more knowledge and kudos than many could hope for in a lifetime.’ International child abduction is his strong suit in a practice that takes in children matters generally. He has further been a pioneer in the area of forced marriages.
Chambers and Partners 2006

Henry Setright QC is rated as a leading Silk by Chambers Directory. His particular bent is towards legal matters pertaining to child abduction, an area where few can effectively challenge him. ‘The most experienced and well-regarded international child abduction barrister – he is a wonderful tactician.
Chambers and Partners 2005

MORE

Practice areas

Dispute resolution

Cases

Re LM (A Child) [2013]
[2013] EWHC 646 (Fam)

Re S (A Child) [2013]
[2013] EWHC 647 (Fam)

In the matter of (1) RAI (2) MI (Children) sub nom AI v MT (2013)
2013 EWHC 100 (Fam)

Cambra v Jones [2013]
[2013] EWHC 88 (Fam)

Re C (A Child) (2013)
AC9401262

C (A Child) [2013]
[2013] EWCA Civ 204

Re H (A Child) & The United Mexican States (Intervener) (2013)
AC9501919

Re Y (A Child) (2013)
AC9601636

Re Y (A Child) (2013)
[2013] EWCA Civ 129

Re J (Children) [2012]
[2012] EWCA Civ 1511

ZA & PA v NA (2012)
[2012] EWCA Civ 1396

HSE Ireland v SF (a minor) (2012)
[2012] EWHC 1640 (Fam)

S (A Child) [2012]
[2012] UKSC 10

J v J (Relinquishment of Jurisdiction) (2011)
[2012] 1 FLR 1259 : [2012] Fam Law 399; [2011] EWHC 3255 (Fam)

Diego Aguilar Quila & Amber Aguilar (2) Shakira Bibi & Suhyal Mohammed (Appellants) v Secretarty of State Home Dept (Respondent) & (1) Advice on Individual Rights in Europe (Aire Centre) (2) Southall Black Sisters & Henna Foundation
[2011] UKSC 45

Re H-K (Children) (2011)
[2011] EWCA Civ 1100

O v P (2011)
[2011] EWHC 2425 (Fam)

Re E (Children) [2011]
[2011] UKSC 27

Re E (Children) sub nom (1) KE (2) TB (Appellants) v SE (Respondent) & (1) Reunite (2) Aire Centre (Interveners) (2011)
[2011] EWCA Civ 361

Barbara Mercredi V Richard Chaffe (2011)
[2011] 2 FLR 515 : [2011] 2 FCR 177 : [2011] Fam Law 584 : (2011) 108(13) LSG 21;[2011] EWCA Civ 272

Mercredi v Chaffe

Aguilar Quila and Amber Aguilar (2) Bibi and Mohammed (Appellants) V Secretary of State for The Home Department (Respondent) & (1) Advice on individual rights in Europe (Aire Centre) (2) Southall Black Sisters and Henna Foundation (Interveners) (2010
[2010] EWCA Civ 1482

C (Children) (2010)
[2010] EWCA Civ 1610

Chief Constable and AA v YK & 5 ORS
[2010] EWHC 2438 (Fam)

Re A (Children) (Abduction: Interim Powers) sub nom EA v (1) GA (2) Westminster City Council (3) Salford City Council (2010)
[2011] 1 FLR 1; [2010] EWCA Civ 586; Times, June 16, 2010

Re U (Abduction: Nigeria) [2010]
[2010] EWHC 1179 (Fam); [2011] 1 FLR 354

W (Minors) [2010]
[2010] 2 FLR 1165 : [2010] Fam Law 787 : [2010] EWCA 520 Civ

Re I (A Child) (2009)
[2009] UKSC 10

B (A Child) [2009]
[2010] 1 FLR 1211 : [2010] 1 FCR 114 : [2010] Fam Law 130 : (2009) 153(45) SJLB 28 : [2009] EWCA Civ 1254

LAB v KB (Abduction: Brussels II Revised) [2009]
[2009] EWHC 2243 ; [2010] 2 FLR 1664

Re S (A Child) (2009)
[2010] 1 FLR 1146 : [2010] Fam Law 23 : [2009] EWCA Civ 1021

A (Applicant) v H (Respondent) & (1) Registrar General for England & Wales (2) Secretary of State for Justice (Interveners) (2009)
[2010] 1 FLR 1; [2009] EWHC 636 (Fam)

S v Slough Borough Council & Ors (2008)
[2008] EWHC 3013 (Fam)

EM (Lebanon) v Secretary of State for the Home Department (2008)
[2008] UKHL 64; (2008) 3 WLR 931 : (2009) 1 All ER 559 : (2008) 2 FLR 2067 : (2009) HRLR 6 : (2009) UKHRR 22 : Times, October 24, 2008

Re E (Abduction: Intolerable Situation)
2008] EWHC 2112 (Fam); [2009] 2 FLR 485

Re S-R (Contact: Jurisdiction) (2008)
(2008) 2 FLR 1741;

Re T (Abduction: Rights of Custody) (2008)
[2008] 2 FLR 1794; [2008] EWHC 809 (Fam)

MM v VM (AKA VRM) (2007)
[2007] UKHL 55 (2008); 1 AC 1288 : (2007) 3 WLR 975 : (2008) 1 All ER 1157 : (2008) 1 FLR 251 : Times, December 6, 2007

Re M (Children) (2007)
(2008) 1 FLR 699; [2007] EWCA Civ 1059

H v (1) D (2) X & Y (By Their Guardian AD Litem, O) (2007)
[2007] EWHC 802 (Fam)

Re F (A Child) (Application for Child Party Status) (2007)
[2007] 2 FLR 313; [2007] EWCA Civ 393

Re M (A Child) (2007)
(2007) 2 FLR 72; [2007] EWCA Civ 260

Re F (A Child) (Abduction: Child's Wishes) (2007)
(2007) 2 FLR 697; [2007] EWCA Civ 468

Re D (A Child) (2006)
[2006] UKHL 51; (2007) 1 AC 619 : (2006) 3 WLR 989 : (2007) 1 All ER 783 : (2007) 1 FLR 961 : Times, November 17, 2006 : Independent, November 21, 2006

Re F (2006)
(2007) 1 FLR 627; [2006] EWHC 2199 (Fam)

CC v PC (2006)
[2006] EWHC 1794 (Fam)

Re EC (A Child) (2006)
(2007) 1 FLR 57 : [2006] EWCA Civ 1115; Times, July 19, 2006

Re D (A Child) (2006)
[2006] EWCA Civ 830

Re D (A Child) (2006)
[2006] EWCA Civ 830

Re M (A Child) (2006)
(2006) 2 FLR 1180 : [2006] EWCA Civ 630; Times, July 3, 2006 : Independent, May 24, 2006

Re D (Children) (2006)
(2006) 2 FLR 305; [2006] EWCA Civ 146

X Metropolitan Borough Council v (1) SH (2) PH (3) AH (2005)
[2005] EWHC 1713 (Fam)

Re E (A Child) (2005)
(2005) 2 FLR 759; [2005] EWHC 848 (Fam)

S v (1) B (2) Y (A Child) (2005)
(2005) 2 FLR 878 : [2005] EWHC 733 (Fam); Times, May 17, 2005

Cannon v Cannon (2004)
(2005) 1 WLR 32 : (2005) 1 FLR 169 : [2004] EWCA Civ 1330; Times, October 28, 2004

Re W (A Child) (2004)
(2005) 1 FLR 727; [2004] EWCA Civ 1366

W v W (2004)
(2004) 2 FLR 499; [2004] EWHC 1247 (Fam)

Re C (Abduction: Settlement) Sub Nom in the Matter of Inherent Jurisdiction (2004)
(2005) 1 FLR 127; [2004] EWHC 1245 (Fam)

Re J (Children) (2004)
(2004) 2 FLR 64 : [2004] EWCA Civ 428; Times, April 12, 2004

Re J (A Child) (Child Returned Abroad: Convention Rights) (2004)
(2004) 2 FLR 85 : [2004] EWCA Civ 417; Times, April 14, 2004

Re H (Children) (Abduction: Grave Risk) (2003)
(2003) 2 FLR 141; [2003] EWCA 355

Re S (A Child: Abduction)
[2003] 1 FLR 1008

Re L (Abduction: Childs Objections to Return) (2002)
(2002) 1 WLR 3208 : (2002) 2 FLR 1042 : [2002] EWHC 1864 (Fam): Times, October 14, 2002

Re S (A Child) (2002)
(2002) 1 WLR 3355 : (2002) 2 FLR 815 : [2002] EWCA Civ 908: Times, July 15, 2002

Re S (Children) (Child Abduction: Asylum Appeal) (2002)
(2002) 1 WLR 2548 : (2002) 2 FLR 465 : [2002] EWCA Civ 843 : Times, June 3, 2002

Re S (Children) (Child Abduction : Asylum Appeal) (2002)
(2002) 2 FLR 437 : [2002] EWHC 816 (Fam); Times, May 9, 2002

W and W v H (2002)
(2002) 2 FLR 252;

W and B v H (2002)
(2002) 1 FLR 1008

Rashid Al-H V Sara F (2001)
(2001) 1 FLR 951 : [2001] EWCA Civ 186 ; Times, March 2, 2001

Re JS (Private International Adoption)
[2000] 2 FLR 638

Re T (Children) Sub Nom Re T (Minors) (Abductions : Custody Rights) Sub Nom Re T (Abduction : Child's Objections to return) (2000)
(2000) 2 FLR 192 : Times, April 24, 2000

Re M (Abduction: Conflict of Jurisdiction) (2000)
(2000) 2 FLR 372

Re KR (A Minor) (Abduction : Forcible Removal) (1999)
(1999) 4 All ER 954 : (1999) 2 FLR 542 : Times, June 16, 1999

Re C (A Minor) (Child Abduction) (1999)
(1999) 2 FLR 478 : Times, May 14, 1999

Re M (Abduction: Leave to Appeal) (1999)
(1999) 2 FLR 550

Re S (Abduction: Return into Care) (1998)
(1999) 1 FLR 843

Re D (Abduction : Acquiescence) (1998)
(1999) 1 FLR 36

Re S (Child Abduction: Acquiescence) (1998)
(1998) 2 FLR 893

P v P (Minors) (Diplomatic Immunity: Jurisdiction) (1998) sub nom Re P (Diplomatic Immunity: Jurisdiction) (1998)
(1998) 1 FLR 1026 : Times, March 25, 1998

P v P (Minors) (Diplomatic Immunity: Jurisdiction) (1998) sub nom Re P (Diplomatic Immunity: Jurisdiction) (1998)
(1998) 1 FLR 1026 : Times, March 2, 1998

Re T (Staying Contact in Non-Convention Country) (Note)
[1999] 1 FLR 262

Re S (A Minor : Abduction: Acquiescence) (1997)
(1998) 2 FLR 115

Re S (A Minor) (Child Abduction: Delay : Child's Preference) (1997)
(1998) 1 FLR 651 : Times, November 20, 1997

L v London Borough of Bromley (1997)
(1997) 161 JP 960 : (1998) 1 FLR 709

Re P (Minors) (1997)
AC9000075

Re O (Child Abduction) (1997)
(1997) 2 FLR 712

Re Pelling (Rights of Audience) (1997)
(1997) 2 FLR 458

Re O (A Minor) (Child Abduction: Custody Rights) (1997)
(1997) 2 FLR 702 : Times, June 24, 1997

Re M (Abduction) (1996)
(1997) 2 FLR 690

A Metropolitan Borough Council v DB (1996)
(1997) 1 FLR 767 : (1997) 37 BMLR 172

Re M (Petition to European Commission of Human Rights)
[1997] 1 FLR 755

The Ontario Court v M and M (Abduction: Children's Objections) (1996)
(1997) 1 FLR 475

Re S (Abduction: Children: Separate Representation) (1996)
(1997) 1 FLR 486

Re A (Minors) (Child Abduction) (1995)
(1996) 1 WLR 25 : (1996) 1 All ER 24 : (1996) 1 FLR 1 : Independent, October 16, 1995

Re S (Abduction: European Convention) (1995)
(1996) 1 FLR 662

Re P (A Minor) (Child Abduction: Declaration) (1995)
AC0002049 Times, February 16, 1995

Re N (Child Abduction: Jurisdiction) (1994)
(1995) 2 WLR 233 : (1995) 2 All ER 417

Re H (Minors) (Abduction: Custody Rights: Re S (Minors) (Abduction: Custody Rights) (1991)
(1991) 2 AC 476 : (1991) 3 WLR 68 : (1991) 3 All ER 230 : (1991) 2 FLR 262 : (1992) FCR 45 : (1991) Fam Law 227 : (1991) 141 NLJ 891 : (1991) 135 SJLB 52

DL v EL (Hague Abduction Convention - Effect of Reversal of Return Order on Appeal) [2012]
[2013] EWHC 49 (Fam)