News & Resources

Court of Appeal confirms limits on family member rights under EU law

11th February 2019

Julia Smyth successfully represented the Secretary of State for the Home Department in Fatima & ors v SSHD [2019] EWCA Civ 124 (judgment 7 February 2019). The case concerned the limits on the rights of “extended family members” under EU law.

The Court of Appeal accepted that recent CJEU authorities had not changed the requirement for dependency on an EEA national, and that no right  could be derived from the British citizen sponsor’s cross-border work. The Second and Third Appellants’ appeals were dismissed accordingly. The First Appellant’s appeal was dismissed as academic.

The Judgment can be viewed here.

Close X

TEMPLE GARDEN CHAMBERS is a market leading set with recognised excellence in a myriad of practice areas with awarded leaders in twelve specialist areas. TGC has the privilege of being well placed in the Temple and The Hague with superb facilities.

Currently consisting of 17 silks and 60 juniors with outstanding leadership and a long established clerking team acknowledged for their exceptional client services and business development, we are keen to expand upon our key areas.

To accommodate the growth in our core practice areas we are inviting applications from established practitioners and/or teams to further enhance our excellent reputation in the following fields:

• Personal Injury & Clinical Negligence
• Inquests & Inquiries
• Health & Safety
• Costs & Litigation Funding

TGC is widely recognised for its friendly ethos and its commitment to Equality & Diversity and Wellbeing. We are especially keen to encourage applications from underrepresented groups at the bar – women, people with disabilities, those from ethnic minority groups and members of the LGBTQ+ community.

Applications will be treated with the strictest confidence and should be addressed to the Head of Chambers, Keith Morton QC

In advance of any formal application both Keith Morton QC and Dean Norton (Senior Clerk) would be delighted to have a confidential discussion. To arrange a meeting please contact Dean on 020 7842 8641 or