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Leading Journals Publish Trinity Barrister's Court of Appeal Success


Following his Court of Appeal success in Valerie Anderson (Personal Representative of William Brian Anderson Deceased) v David Spencer [2018] EWCA Civ 100, Trinity barrister, James Kemp has provided detailed insight and commentary on the case in recent editions of both Family Law and the Trusts and Estates Law and Tax Journal.

In the articles entitled "Mind the gap? Anderson v Spencer" May [2018] Fam Law and "In the blood" TELTJ May 2018#196, James discusses inherent jurisdiction after successfully 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, a full skeleton argument was supplied by her counsel at the time, Mr Michael Mylonas QC. The court considered that 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.

The full articles are available to online subscribers of Family Law and the Trusts and Estates Law and Tax Journal.

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