Gemma Lindfield

Gemma is an experienced family law barrister and is regularly instructed in all aspects of family law.

Gemma is instructed in public and private law children cases in the County Court and High Court and is particularly skilled at dealing with the heightened emotions such cases may cause. Gemma acts for parents, other family members, NYAS, CAFCASS and Local Authorities.

Gemma represents children in complex residence and contact proceedings where children have been made party to the proceedings.

Gemma has advised on the impact of immigration status in the context of family proceedings and appeared in the High Court on this issue.

Gemma advises and appears in family finance and divorce cases.

Gemma undertakes child abduction work, involving the use of the 1980 Hague Convention, Brussels II Revised regulation and the UK-Pakistan Judicial protocol. Gemma's knowledge of the law and practices of many jurisdictions from her extradition practice gives her a particular edge in this field.

Gemma has provided a report on Rwandan law for a case in the Family Division.

Care proceedings and Adoption

Gemma has been engaged in cases of neglect, non-accidental injury (including multiple injuries and "baby shaking") and allegations of sexual abuse. Gemma represents both Local Authorities and parents.

Gemma also represents police authorities who are subject to disclosure requests by the family court.

International Family Law

Gemma has been instructed as junior counsel for Rwanda in ongoing extradition proceedings where five men are sought so that they may be prosecuted for genocide and crimes against humanity. In this matter, Gemma has provided ongoing advice in the Brown case on whether there was a prima facie case against the defendants and how to deal with their defence evidence. A significant knowledge base was gained in international criminal law and of the rules of the UN ICTR as a result of liaison with them. Visited Rwanda on six occasions to advise Government of Rwanda on the extradition proceedings and on the prima facie case.

Assisted in the preparation of amicus briefs before the UN ICTR in the application by the Prosecutor of the Tribunal to transfer cases to Rwanda. Gemma was appointed Assistant Trial Attorney in the Office of the Prosecutor at the UN ICTR in the case of Prosecutor v Ildephonse Nizeyemana (ICTR- 2000-55). Assisted with preparing cross-examination of defence witnesses and appeared before the Tribunal. Drafted written submissions and acquired a detailed knowledge of the Rules and Procedure and law of the Criminal Tribunals.

About me

Gemma is also an experienced family law barrister and is regularly instructed in all aspects of family law.

Gemma also appears in judicial review and public law matters, and she has a particular interest in Human Rights and international cases.

Notable cases

Some examples of Gemma's work Waltham Forest

LBC v F [2014] EWFC 13 Advising on the procedure to be followed in Rwanda where a Special Guardianship Order was made in respect of child's relatives there. Bedfordshire Police v RU and another (2013) Acted for a respondent in the first ever committal proceedings for breach of a Forced Marriage Protection Order. Rwanda v. Brown and others (ongoing) Junior counsel for Rwanda in ongoing extradition proceedings where five men are sought so that they may be prosecuted for genocide and crimes against humanity. Richards v. Ghana [2013] EWHC 1254 (Admin) Successfully represented Ghana where prison conditions were argued. Sadiku v Albania (2013) Successfully represented the requested person who was convicted of murder in Albania and sentenced to 23 years imprisonment. The court found that the requested person's confession had been elicited through torture and discharged him on the basis that extradition would be oppressive by reason of his mental health, namely PTSD. Sweden v Assange Represented the Swedish Judicial Authority in this high profile case. Asztalos v. Hungary [2011] 1 W.L.R. 252 Represented the Respondent in the unusual situation where the Appellant had been extradited in error prior to appeal. Patel v Office of the Attorney General [2011] EWHC 155 (Admin) Represented the Respondent where it was argued that the Appellant was not an accused person. Rozanski v District Court of Suwalki [2014] EWHC 135 (Admin) Successfully sought late admission of a psychological report on the Appellant's daughter resulting in discharge under Article 8.