Viewing: Family for Giles Pengelly

Giles has a busy family law practice including private and public children matters and applications for financial remedies. Giles often appears for parents in care and adoption matters and cases concerning child contact or residence.
Giles’ criminal law background assists him in preparing family law cases that involve issues of police procedure, disclosure, or the conduct of previous criminal proceedings. Giles has particular experience appearing on both sides of cases involving allegations of domestic abuse in the family and criminal courts.
Giles has an approachable manner and gives clear, practical, and realistic advice to his clients. Giles is a confident trial advocate and, where appropriate, will fearlessly argue points of law for them. Giles is hard-working and undaunted by cases involving large quantities of paper.
Notable Cases
A Mother v a Father and others (Family Court sitting at Wolverhampton)
Giles appeared for the father in a child contact case celebrating its eighth anniversary; proceedings both in England and Wales and, previously, in an EU jurisdiction. The Court held that the mother had coached the child to make allegations of sexual touching against the father.
A Local Authority v A Father and others (Family Court sitting at Stoke-on-Trent)
Giles appeared for a father in care proceedings where it was agreed that, one way or another, the child would live with father. There was a dispute, between the parties, whether the correct order was a supervision order or a care order. All of the other advocates in the case, and the Court, noted the “force” of Giles’ submissions on this point.
A Mother v a Father and others (Family Court sitting at Wolverhampton)
Giles appeared for the mother who made serious domestic abuse allegations against the father; there were insurmountable evidential difficulties in proving the abuse. The Court dismissed the allegations of physical violence; the Court went on to hold, however, that the mother had been abandoned - by the father - in a distant country and that the father had misled the children about the reasons for their mother’s absence. The Court held that all of the above harmed the children and had the effect of frustrating the exercise of mother’s parental responsibility. The Court ordered that the children live with mother.
Regina v S.H. (Crown Court sitting at Wolverhampton)
Giles prosecuted an all-day appeal against conviction in respect of a complainant who had significant communication needs. The case involved a number of case management hearings and a ground rules hearing ahead of the appeal itself. Giles had to implement all of the guidance in the vulnerable witness toolkit for the hearing. Appeal dismissed.
Reported Cases
Ali v Barbosa [2019] EWHC 2776 (Fam); [2020] 2 F.C.R. 263; Lieven J (Royal Courts of Justice)
Giles appeared for the wife in the husband’s application to set aside various orders and divorce decrees; the husband’s argument was that the (arguable) failures of service by the wife rendered the subsequent orders and decrees of the Court void rather than voidable. The case raised a point of law about the effect of Sir James Munby’s decision in M v P [2019] EWFC 14. The Court dismissed the husband’s application (judgment link below).
Awards
2018 - Baron Dr. Ver Heyden de Lancey Prize (Middle Temple)
2016 - Brick Court Chambers Scholarship (Middle Temple)
Qualifications
MA (Cantab), Philosophy and Law – King’s College, Cambridge
LLM, European Public Law and Governance – Maastricht University (The Netherlands)