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Court of Appeal Success for Trinity Barrister in DNA Testing Case


In the case of Valerie Anderson (Personal Representative of William Brian Anderson Deceased) v David Spencer [2018] EWCA Civ 100, Trinity Chancery barrister, James Kemp was successful in resisting an appeal against the judgment of Mr Justice Jackson, who ordered that the High Court had power under its inherent jurisdiction to direct post mortem scientific testing of a DNA sample to establish parentage.

Although the Appellant did not attend the hearing, her legal team having come off the record, there was a full skeleton argument supplied by her counsel at the time, Mr Michael Mylonas QC. The court considered the matter raised a novel use of the inherent jurisdiction.

Describing Mr Kemp’s responses to arguments raised in the skeleton and to supplementary questions as being with “skill and economy” the Court of Appeal went on to dismiss the grounds of appeal.

James' probate experience is recognised in recent editions of the Legal 500: "Very experienced in Chancery cases" and "Experienced in disputes arising from distributions of estates, wills and succession issues".

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