Lynda J Brabender KC specialises in family and child law and public law as it relates to children. She is instructed in the Supreme Court, the Court of Session and the Sheriff Court in cases involving all aspects of divorce, cohabitation, contact, residence, relocation, child abduction, adoption, permanence orders, education and proceedings arising from children’s hearings at both first instance and appellate level. Lynda is instructed in public law cases involving children, education and social work including judicial review, statutory interpretation and devolution issues. She has been involved in several high profile cases including:
- Glasgow City Council, Petitioners [2013] CSOH 118 – judicial review, statutory interpretation of the savings provisions on enactment of Children’s Hearings (Scotland) Act 2011
- B v B 2012 Fam LR 65 – financial provision on divorce, special circumstances
- K v North Ayrshire Council 2012 SLT 381 – judicial review, education, transport to school
- O v Aberdeen City Council 2012 SC 60 – statutory interpretation of transitional provisions on enactment of Adoption and Children (Scotland) Act 2007
- Principal Reporter v K [2011] 1 WLR 18 – children’s hearings, unmarried fathers, definition of relevant person
- Selkirk v Chisholm 2011 GWD 1-32 – cohabitation
- Edinburgh City Council, Petitioner 2010 Fam LR 92 – Adoption and Children (Scotland) Act 2007, permanence orders, devolution issue, statutory interpretation
- Authority Reporter v S 2010 SC 531 – children’s hearings, unmarried fathers, contact orders, definition of relevant person
- Price v Baxter 2009 Fam LR 138 – intention of separated husband and wife, revocation of wills, minutes of agreement
- Savage v Purches 2009 SLT (Sh Ct) – cohabitation, intestacy
- Brown v Robertson 2009 Fam LR 13 – divorce, farming partnerships, dissolution, avoidance transactions
- C v C 2008 SCLR 329 – international child abduction, acting for 11 year old child, concealment, settlement
- Scottish Borders Council v T 2008 Fam LR 38 – freeing for adoption
- R v Highland Council 2007 SLT 513 – personal injury, legal aid, remittal from Court of Session to Sheriff Court
- S -v- D 2007 SLT (Sh Ct) 37 – application of Council Regulation 2201/2003 (Brussels II bis) and allocation of jurisdiction in cross border proceedings between Scotland and England
- Clark -v- Clark (No. 2) 2007 SLT (Sh Ct) 86 – the division of farming partnership assets on divorce
- Treasure -v- McGrath 2006 Fam L R 100 – concerning parental responsibilities and parental rights and the interpretation of section 11 (7) of the Children (Scotland) Act 1995 as amended by the Family Law (Scotland) Act 2006
Lynda is a member of the Faculty of Advocates Disciplinary Tribunals and was a member of the Faculty Council between 2010 and 2013. She is a member of the committee of the Advocates Family Law Association and was a Convener of the Additional Support Needs Tribunal for Scotland from 2005 to 2010.
Clerk: 0131 260 5700
Email: Lynda J Brabender KC
