Background
New Court Chambers -
Barristers

Samuel Marks

Call: 2021

Samuel Marks specialises in children law, with a particular focus on representing children with neurodiversity, special educational needs, and disabilities.

Samuel is frequently instructed in multi-day trials, including in the High Court, involving allegations of sexual abuse, perplexing presentation and fabricated or induced illness, NAI, alienating behaviours, and coercive and controlling behaviour.


Samuel’s expertise lies in the cross-examination of experts and vulnerable witnesses, whom he also represents, including through the Official Solicitor. He has completed training in witness handling of vulnerable persons and children.

Samuel advises on cases which interplay between jurisdictions – the Family Court, the Court of Protection, and the First-tier Tribunal (Special Educational Needs and Disability).

Samuel regularly appears against more senior counsel and silks without a leader. He has appeared before the President of the Family Division in a leading case involving foreign surrogacy, and acted at all levels up to and including the Court of Appeal.

In 2025, Samuel was appointed as Co-Chair of the Luton Family Justice Board.

Background

Samuel graduated from Oxford with a BA in Classics, where he was also JCR President of his college, before going on to study for a MA in History of War at King’s College London. Converting to the law, he took the GDL at the University of Law and the BPTC at BPP. During the former, he was awarded the prize of best individual mooter in the final of the annual mooting competition, held in the Royal Courts of Justice; in the latter, he received the highest mark in the Family Law module in his cohort.

Prior to pupillage, Samuel worked at several pro bono organisations and charities, including Advocate, assisting applicants seeking representation in family law matters; the City of London Appeals clinic, advising on a route of appeal for a conviction of murder to the Criminal Cases Review Commission; and IPSEA, appearing on behalf of parents, families, and young people before the First-tier Tribunal (Special Educational Needs and Disability).

Expertise

Samuel represents all parties and interveners in public law proceedings, with a particular emphasis on representing children with neurodiversity and additional needs.

Samuel is frequently instructed in multi-day trials, including in the High Court, involving allegations of sexual abuse, deprivation of liberty, perplexing presentation & fabricated or induced illness, and non-accidental injury.

In a recent and reported judgment, whilst representing a local authority in complex proceedings an application to remove permanently children from the jurisdiction to a non-Hague Convention country, Samuel was commended by the judge for his “calm ability to respond to all the demands that are put on Local Authority counsel in a long and complicated case.”

Samuel gives frequent training to local authorities and solicitors on these areas of law.

Cases

  • A Local Authority v A Mother & Ors [2025] EWHC 3498 (Fam)
  • London Borough of A v Ors [2025] EWFC 471 (B)
  • London Borough of Havering v Ors [2025] EWFC 238 (B)
  • London Borough of Richmond v Ors [2023] EWFC 146 (B)
  • Re B-M (Children: Findings of Fact) [2021] EWCA Civ 1371

Samuel is frequently instructed to represent parents and children through their r.16.4 guardian. He has expertise in cases involving allegations of alienating behaviours, a subject on which he has also delivered training, and applications for external and internal relocation.

Samuel acts for parents and children in matters involving international adoption, international child abduction, and permanent and temporary leave to relocate with a child.

Samuel has made and resisted applications for injunctive relief under the Family Law Act 1996, and in cases concerning forced marriage protection orders, and injunctions under the inherent jurisdiction.

Samuel advises and represents families and adoption agencies. Samuel has appeared before the President in a leading case involving foreign surrogacy arrangements:

Cases

  • Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam)

Samuel has personal experience of the Court of Protection and is keen to develop a practice in this area.

Samuel advises and represents clients on education law matters, including cases in the First-tier Tribunal (Special Educational Needs and Disability).

  • Co-Chair of the Luton Family Justice Board
  • Exhibition Award, Inner Temple
  • BPTC Advocacy Scholarship
  • BPTC, BPP Law School
  • GDL, The University of Law, London
  • MA (History of War), King’s College London
  • BA (Classics), University of Oxford
  • Family Law Bar Association
  • Court of Protection Bar Association
  • Education Law Association
  • Resolution

Local Authority Team Manager

“Firstly thanks for getting Sam Marks on this case – really goes to bat for the LA.”

Judicial Feedback

“He was just brilliant.

When he speaks, he holds the attention of the Court room, he is clear, so well prepared, and was able to deal with my interventions with real skill.

Sometimes I have advocates before me and I am just made to feel ‘safe’ because I know they know their stuff. He was just that advocate.”

Judicial Feedback

“The respondent mother was represented by Mr Marks. I tried to explain my great concerns at the inchoate nature of its planning to the applicant and the significant issues identified having regard to the existing caselaw and the new and rigorous guidance in care proceedings.

The experienced advocates present gave no indication of understanding what I was saying. Mr Marks, on the other hand, took the points I was making and adjusted his arguments to persuade me not to make the orders. He was far better informed and prepared than the much more experienced advocates against whom he was appearing.

I found him professionally mature beyond his experience, fully prepared and bluntly he was leaving the local authority advocate in his wake.”

Opposing Guardian

“Mr Marks is currently representing the LA in a final hearing which is very complex and lengthy.

I have read many documents prepared by Mr Marks including position statements and skeleton arguments for the court of appeal and I am extremely impressed by his work.

I am currently witnessing him cross examine witnesses (before it’s my turn for him to cross examine me!) and his work / knowledge of the case / professionalism and conduct is exceptional.”

  • Re Z (Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 (Fam)
  • A Local Authority v A Mother & Ors [2025] EWHC 3498 (Fam)
  • London Borough of A v Ors [2025] EWFC 471 (B)
  • London Borough of Havering v Ors [2025] EWFC 238 (B)
  • London Borough of Richmond v Ors [2023] EWFC 146 (B)
  • Re B-M (Children: Findings of Fact) [2021] EWCA Civ 1371
  • Re B-M (Children: Findings of Fact) [2021] EWCA Civ 1371
  • Advocacy and the Vulnerable, Inns of Court College of Advocacy

Samuel Marks, Barrister

New Court Chambers, Temple, EC4Y 9BE, London

ICO Registration Number: A9014218

Date: 27th May 2023

Policy became operational on: 27th May 2023

Next review date: 27th May 2025

In order to provide legal advice and representation, I need to collect and hold personal information. This may be your personal data or information relating to other parties involved in the matter. I will take all possible steps to protect personal information. I will ensure that I do not do anything that may infringe your rights or undermine your trust. This privacy notice describes the information I collect about you, how it is used and shared, and your rights regarding it.

Data Controller

I, Samuel Marks, am a member of New Court Chambers. I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is New Court Chambers, Temple, EC4Y 9BE, London, and my ICO registration number is A9014218. If you need to contact me about your data or this privacy notice, you can reach me at smarks@newcourtchambers.com.

Data Collection

The vast majority of the information that I hold about you is provided to, or gathered by, me in the course of your case and/or proceedings. Your solicitor and/or I will tell you why we need the information and how we will use it. In addition to the information you may provide to me or your solicitor, I also obtain information from other sources as follows:

  • Information that is available publicly in registers, searches or in the media
  • Other legal professionals including solicitors and barristers and their associates, trainees and staff
  • Chambers staff
  • Expert witnesses
  • Prosecution bodies
  • Regulatory, public or administrative bodies
  • Court staff & officials
  • Clients
  • References

What data do I process about you?

Depending on the type of work, I collect and process both personal data and special categories of personal data as defined in the UK GDPR. This may include:

  • Name
  • Email address
  • Phone number
  • Address
  • Payment or bank details
  • Date of birth
  • Next of kin details
  • Details pertaining to education and employment
  • Information on your background & current circumstances
  • Financial information.

Where relevant, I may also need to process special category personal data that reveals your:

  • Racial or ethnic origin
  • Political opinions
  • Religious and philosophical beliefs
  • Trade union membership
  • Genetic data
  • Biometric data for the purpose of uniquely identifying a natural person
  • Data concerning health
  • Sex life and sexual orientation.

On occasion, I may also process personal data relating to criminal convictions and offences.

My lawful basis for processing your information

In order that I can provide legal services and representation for you, I must process your personal data. The UK General Data Protection Regulation (the UK GDPR) requires that where I process personal data, I must have a lawful basis for doing so. The lawful bases identified in the UK GDPR that I seek to rely upon are as follows:

  • Consent of the data subject – where this required, I will ensure that I have your specific consent for processing your data for the specified purposes. You will also have the right to withdraw your consent at any time. Where you do so this will not affect the legality of data processing which had taken place prior to your withdrawal of consent.
  • Performance of a contract with the data subject, or to take steps to enter into a contract.
  • Compliance with a legal obligation – to comply with various regulatory and professional obligations, e.g. filing tax returns with HMRC.

Examples of legitimate interests include but are not limited to:

  • Provision of legal services and advice.
  • For purposes of practice management, accounting and debt recovery.
  • For completion of professional regulatory requirements.
  • Processing for direct marketing purposes, or to prevent fraud.
  • Reporting threats to public security.
  • Such other purposes as set out below.

Special category processing

The UK GDPR specifies that where I process special category data, I must rely upon certain exemptions in order to do so lawfully. The following exemptions are applicable in my practice:

  • I have your explicit consent to do so; or
  • It is necessary for the exercise or defence of legal claims or judicial acts.

Criminal data processing

On occasion, I process data relating to criminal offences where it is necessary for:

  • The purpose of, or in connection with, any legal proceedings;
  • The purpose of obtaining legal advice; or
  • The purposes of establishing, exercising or defending legal rights
  • Where I have your explicit consent to do so.

Purposes

I use your personal information for the following purposes:

  • Provide legal advice and representation;
  • Assist in training pupils and mini pupils;
  • Investigate and address your concerns;
  • Communicate with you about news, updates and events;
  • Investigate or address legal proceedings relating to your use of my services, or as otherwise allowed by applicable law;
  • Assist in any tendering or panel membership applications;
  • Assist in any other applications for the purpose of professional development or career progression;
  • Communicate legal updates and judgments to other legal professionals;
  • For marketing purposes.
  • For the management and administration of my practice
  • To recover debt
  • To manage complaints with regulators
  • Communications with regulators
  • Where relevant to conduct anti money laundering, terrorist financing or conflict of interest checks

In the course of processing your information to provide legal services to you, I may share your personal data with:

  • Instructing solicitors or other lawyers involved in your case;
  • A pupil or mini pupil, under my training;
  • Opposing counsel, for the purposes of resolving the case;
  • Court Officials, including the Judiciary;
  • Opposing lay clients
  • My chambers’ management and staff who provide administrative services for my practice;
  • Expert witnesses and other witnesses;
  • My regulator or legal advisors in the event of a dispute, complaint or other legal matter;
  • Head of Chambers or complaints committee within my chambers, in the event of a complaint;
  • Law enforcement officials, government authorities, or other third parties, to meet any legal obligations;
  • Legal directories, for the purpose of professional development;
  • Any relevant panel or tendering committee, for the purpose of professional development;
  • Accountants and banking officials;
  • Regulators or arbitrators, where complaints or disputes arise;
  • Any other party where I ask you for consent, and you consent, to the sharing.
  • I may also be required to disclose your information to the Police or Intelligence services where required by law or pursuant to a court order

Transfers to third countries and international organisations

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as a claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests to do so.

I will typically retain case files for a period of 6 years following the conclusion of a case/matter or receipt of final payment, whichever is the latest. This reflects the period required by the Bar Mutual Indemnity Fund relating to potential limitation periods.

Where various pleadings and documents have been drafted, they may be retained for learning purposes and legal research. Where this is the case, I will anonymise the personal information/redact information which may identify an individual/risk assess the continued retention of the documents.

Your rights

The UK GDPR gives you specific rights in terms of your personal data. For example, you have the right of access to the information I hold and what I use it for;

you can ask for a copy of the personal information I hold about you.

You can ask me to correct any inaccuracies with the personal data I hold, and you can ask me to stop sending you direct mail or emails or, in some circumstances, ask me to stop processing your details.

Finally, if I do something irregular or improper with your personal data, you can complain to the ICO if you are unhappy with how I have processed your information or dealt with your query. You may also seek compensation for any distress you are caused or loss you have incurred.

You can find out more information from the ICO’s website:

https://ico.org.uk/for_the_public/personal_information

Accessing and correcting your information

You may request access to, correction of, or a copy of your information by contacting me at smarks@newcourtchambers.com.

Marketing opt-outs

You may opt out of receiving emails and other messages from my practice by following the instructions in those messages.

I will occasionally update my privacy notice. The updated policy will be found here, on my chambers’ website profile.

News & Events

Samuel Marks joins Chambers

We are delighted that Sam Marks has joined chambers as a tenant after successful completion…
News 17th January 2022

New Court Chambers has forged its reputation on a commitment to provide consistently high standards of advice, representation and clerking services.


An excellent set with talented practitioners.


A set with substantial strength in public and private children law matters, and the further capability to handle financial proceedings.


Well versed in highly sensitive matters involving non-accidental injury, child death, sexual abuse, FGM, fictitious illness and child trafficking.


The barristers at New Court Chambers distinguish themselves from others due to their hands-on handling of cases.


Accreditations


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