James Tillyard Q.C.*

Qualifications: B.Sc. (Chem. Eng.) (Leeds)

Called: 1978

Deputy High Court Judge (Section 9) (2004)
Recorder (1998)
Queen's Counsel (2002)

Joined St. Ives 2009

*Denotes door tenant.

Practice Details
Child Care, Family Law, Ancillary Relief

James Tillyard is widely respected for his particular expertise in public law Children Act cases and matrimonial finance, being frequently instructed on behalf of leading public figures from the worlds of sport, business, politics and entertainment and is the current Head of Chambers at 30 Park Place, Cardiff.

He also has considerable experience of cross-examining children in child sex abuse cases.

Child Care
Possible explanation of underlying metabolic disorder causing subdural haematoma and retinal hemorrhages
Alleged paedophilia by Foster Carers, expert evidence on home education/brain disease/inconsistent parenting (epileptic child)
Parents subject of care order went to Spain for birth of child. Consequent difficulties in enforcing order due to lack of birth certificate. Application to Foreign Consular Office
Application to Court of Appeal during course of care proceedings-'oppressive' for 10 year old to give video evidence?
Rejection of Grandmother as potential carer
'Fair trial'-Article 6 of ECHR; disclosure of
documents by local authority/proper assessment
Salt contamination-acting for Official Solicitor. 14-week old baby admitted to hospital, diagnosis confirmed by testing of baby food container. Several possible perpetrators.
Shaken-baby syndrome. Brain damage to 16-week old baby. Several possible perpetrators-criminal trial
Conflict of opinion between two leading child psychiatrists (one American) regarding cause of behaviourial problems-absence of consistent parenting by mother with low IQ (neglect/emotional harm), and unsafe inference of sexual abuse
Care proceedings complicated by concurrent decision by police to charge both parents with murder of sibling 2 years prior
Issue of possible induced or fabricated ongoing illnesses of baby with existing kidney problems
Representing 16 year-old alleged to have sexually abused younger siblings

Ancillary Relief

Public Law
Care Standards Tribunal (Claimant)
JR-breach or Article 6 & 8 (minor with disability)
JR-standard of proof-suspension from school

Reported Cases
Donovan v Gwent Toys Ltd. (HL) 1990 1 All ER 1018;
Welsh Water Authority v Williams Motors, Times Law Reports, 5.12.1988;
NRA v Wright Eng. Co.Ltd. 1994 4 All ER 281;
Wychavon DC v NRA 1993 2 All ER 440;
R v D 1996 2 WLR 1;
R v Egan 1992 4 All ER 470.

Major Cases

2007: Acting for Guardian ad Litem in a case in which mother was alleging paedophilia by Foster Carers. Expert evidence on home education (epileptic child with learning difficulties), and behaviour caused by either organic brain disease or inconsistent parenting. 8 experts, including neurologist;
LM v Medway 2007 EWCA Civ 9: application to Court of Appeal during the course of care proceedings to determine whether it would be 'oppressive' for a 10 year old girl to give evidence via video link;
Re J 2003 1 FLR 114: leave to issue residence order - rejection of grandmother as potential carer;
Re L 2002 2 FLR 730: disclosure of documents by local authority to ensure proper care assessment and a 'fair trial' under Article 6 of ECHR;
RE B, R & C (Children) 2002 EWCA Civ 1825: ECHR issue on disclosure of medical/psychiatric records by mother - balancing needs of 'fair trial' and welfare of child;
Re E (A Child) 2001 All ER (D) 208: consideration of potential detriment to welfare of child caused by application to discharge care order and indefinite adjournment of adoption order;
Marlowe Child & Family Services Ltd v DPP 1999 1 FLR 997: is a limited liability company to whom a Local Authority has contracted child care services liable to pay criminal compensation in respect of a criminal offence caused by a child in its care;
Re S 1998 2 FLR 897: contact application by sibling claiming distress caused by separation following adoption into different families

What the directories say about Jim Tillyard:

Chambers and Partners 2009

"...the first-choice silk in Wales by a long way, his popularity stems from the fact that he 'fights hard for his clients and never gives the case away'. Praised for his children and finance work, he is the toast of solicitors as 'he can smell blood at 100 yards'".

Chambers and Partners 2008

"Excellent preparation, a hands-on, proactive approach and great presentation in court make James Tillyard first choice for Welsh solicitors in big money cases, but he also undertakes briefs from well beyond the principality".

Chambers and Partners 2007

singles him out as "...the leading Family Silk on the Wales and Chester Circuit. The excellent James Tillyard QC is one of the best advocates in Cardiff. He does his preparation thoroughly and knows his subject matter inside out. He was recommended especially for tough cases that require difficult cross-examination". The Legal 500 2007 praises him for his "...skilled and sensitive advocacy".

Memberships

Family Law Bar Association