Barrister

Rosemary Exall

Year of call 2000

Family

Practice Summary

Rosemary’s extensive experience as a Local Authority solicitor provided her with an excellent grounding for establishing her specialist family practice after being called to the bar. She has particular expertise in family law relating to local government issues and represents both local authorities and parents and children.

Areas of Expertise

·         Childcare cases including allegations of sexual abuse, physical abuse, emotional abuse and neglect

·         Private law cases involving allegations of abuse or ill treatment

Reported Cases

·         Re P (Care proceedings: Disclosure) [2008] EWHC 2197 (Fam) F.D.

A police application for disclosure of a transcript of oral evidence presented within care proceedings by an individual suspected of involvement in criminal activity and who was suffering from learning disabilities was refused where the transcript could not convey safely a solid foundation for a police investigation.

·         Re H (A child) EWCA Civ 539 CA

Represented father accused of attempting to kill his wife. Finding of fact overturned on appeal. The judge was entitled to infer from evidence, but not speculate.

·         Alchtar –v- Rajiq [2006] 1 FLR 27 F.D.

Divorce proceedings – the decree absolute was declared void for non-service of the husband’s petition on the wife.

·         Re K (A child) [2006] 2 FLR 883 F.D.

Represented mother is a case involving the withdrawal of life-prolonging treatment to a five month old child with a severe neuromuscular disorder

·         Re S (Psychometric testing in care proceedings) [2004] EWCA Civ 1029 CA

In care proceedings, a judge had placed undue weight on a report containing the mother’s personality test results and had ignored the fact that the report’s author had altered his opinion in oral evidence. Personality tests were more likely to obfuscate the judicial process than to assist it.

·         CL –v- (1) East Riding Yorkshire Council (2) MB (3) BL (A child by his Guardian) [2003] EWCA Civ 49 CA

Threshold – there was a failure by the Local Authority to find injuries caused non-accidentally, therefore it was not open to the judge to allocate “responsibility”

·         Re B & H [2003] CA

Junior Counsel in case relating to false allegations of sexual abuse against father. The judge was entitled to reconsider finding in light of new evidence at disposal.

Personal Information

In her spare time, Rosemary enjoys playing the saxophone in a York based big band.

Rosemary Exall

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