James Tillyard KC

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. He was appointed a Recorder in 1998 and was made a deputy High Court Judge in 2004. He sits in Cardiff, Birmingham and other regional Centre’s as well as in the RCJ and regularly sits on cases involving matrimonial finance. 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
• Fabricated/Induced Illness (FII)
• 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.

Public Law

• Care Standards Tribunal
• Judicial Review
• Breach of Art 6 & 8

Notable cases

Re CD [2021] EWFC 112

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

Re A-C; Re A (Fact Finding: Possible Perpetrator) 2013 EWCA Civ 1321

Bridgend CBC v GM (2013) 1 FLR 987

City and County of Swansea v MB and ME [2014] EWHC 2842 (Fam)

KS v Neath and Port Talbot Borough Council and others [2014] EWCA Civ 941

Birmingham City Council v CH and others [2015] EWFC 66

Silk since 2002, James Tillyard is a family practitioner with considerable experience and expertise in finance work. James was appointed as a Recorder in 1998, Deputy High Court Judge in 2004 and regularly sits in the High Court both locally and in RCJ on both finance and care matters.

Described as ‘A leading practitioner in the family finance arena’ (Legal 500, 2015) James is typically instructed on complex, high net worth cases involving international elements and hidden assets. Renowned for his thorough preparation, meticulous attention to detail and realistic advice James is highly praised in Chambers Directory year in year out and you can always find him in the top band.

Notable 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

Re A-C; Re A (Fact Finding: Possible Perpetrator) 2013 EWCA Civ 1321

Bridgend CBC v GM (2013) 1 FLR 987

City and County of Swansea v MB and ME [2014] EWHC 2842 (Fam)

KS v Neath and Port Talbot Borough Council and others [2014] EWCA Civ 941

Birmingham City Council v CH and others [2015] EWFC 66

James is one of the few silks nationally who has managed to successfully combine a high net worth matrimonial finance practice and a practice in children law.

He has considerable experience of dealing with finance cases both as an advocate and as a Judge.

He works throughout the country from Wales to the North of England and is highly recommended by many juniors in his field.

He is a qualified Family Arbitrator (Finance) through the Institute of Family Law Arbitrators (FLA) scheme and is a member of the Chartered Institute of Arbitrators.

James is available to undertake private FDRs and finance arbitrations.

James is a Member of the Family Bar Association.