James Tillyard has been in silk since 2002. He has considerable experience in all aspects of Family Law but in particular care and matrimonial money.
Throughout his practice James has specialised in proceedings involving financial remedies following relationship breakdown, and in silk he has been in constant demand to undertake high value cases that involve complex issues surrounding companies, foreign assets, pension sharing and inherited wealth.
He is experienced in unravelling family trusts and tracing assets that were thought to be “hidden”.
He is regularly involved in cases in the High Court where the net worth is in excess of 20m and he is renowned for his thorough preparation, meticulous attention to detail and realistic advice. He is highly praised in Chambers Directory 2014 “he is robust and confident, and makes the client feel comfortable.”
James also works in other area of family finance including Schedule 1 applications and the drafting of pre-nuptial agreements. He regularly lectures to the profession and to students.
Wide experience of both fact finding and disposal hearings acting for parents, other alleged perpetrators including children, Guardians and Local Authorities. He has particular experience in cases involving complex medical issues which require detailed cross-examination of medical experts. Having said that, he is never happier than when cross-examining on the facts. He likes a “who done it?”
By way of example he has dealt with:
– Salt poisoning
– Poisoning with drugs
– Factitious and induced illness
– Baby shaking leading to death
– Other fatal injuries
– Sexual abuse by parents, third parties and other children
– Organised paedophile rings
– Chronic neglect leading to very serious physical and emotional harm
– Again, by way of example only, at disposal hearings:
– Issues surrounding barely adequate parenting vs adoption
– Where should the child be brought up – within this jurisdiction or abroad?
– Is there a safe parent?
– Do the carers necessarily have to be open and honest with the LA in order to care for a child under a care order?
– How should the Court approach the balance of risk?
– The position of a foster carer who wants to be a long-term carer under a Special Guardianship Order or adoption.
Child Abduction and Removal from the Jurisdiction
He has wide experience in child abduction and in Hague Convention cases. He has also undertaken many cases on removal from the jurisdiction – both for and against removal.
– Care Standards Tribunal
– Judicial Review
– Breach of Art 6 & 8
– Deputy High Court Judge (Section 9) (2004)
– Recorder (1998)
– Queen’s Counsel (2002)
Family Law Bar Association
– B.Sc. (Chem. Eng.) (Leeds)
Notable and Reported Cases
– R v Egan (1992) 4 All ER 470 Donovan v Gwent Toys Ltd. (HL) 1990 1 All ER 1018
– Wychavon DC v NRA (1993) 2 All ER 440
– NRA v Wright Eng. Co.Ltd. (1994) 4 All ER 281
– R v D (1996) 2 WLR 1
– Environment Agency v Short (1998) EWHC Admin 743
– Marlow Child and Family Services Ltd v DPP (1999) 1 FLR 997
– Re S (2001) 1 Fam Law 505
– Re E (A Child) (2001) All ER (D) 208
– Cole v Secretary of State (2003) EWHC 1789 Admin
– Re BR and C (Care: Duty of Disclosure: Appeals) (2002) EWCA Civ 1825
– Re L (Care: Assessment: Fair Trial) (2002) 2 FLR 730
– D v Secretary of State for Health (2002) EWCST 118
– Re J (2003) 1 FLR 114
– LM v Medway Council (2007) 1 FLR 1698
– A County Council v MF (2008) EWHC 3320 (Fam)
– Re K (2009) EWCA Civ 987
– Re MW (2010) 1 FLR 1093
– Bridgend CBC v GM (2014) 1 FLR 98