Agriculture; business; chancery; court of protection;  personal injury;  Inquests, licensing; property; trusts 

Called 1999. Appointments: specialist regulatory advocates in health and safety and environmental law (panel c).

Property Bar Association; UKELA; Health & Safety Lawyers Association; Agricultural Law Association; Society of Trust and Estate Practitioners (STEP).

James is an experienced traditional Chancery practitioner known in particular for dealing with contentious probate, trusts and property. He regularly appears in the relevant courts and tribunals and acknowledged by his repeated inclusion in the Legal 500 for this area. In addition he is also a full member of the Society of Trust and Estate Practitioners (STEP) .He is also instructed in cases where mental health and capacity are an issue and thus has experience in dealing with such property and affairs in the Court of Protection. He also heads Trinity’s Agricultural Practice Group and is experienced in representing various parties at inquests and licensing matters

James provides an overview of the areas he has experience in below, but for a fuller presentation please click on the appropriate link to the specific area of expertise on the right.

INHERITANCE, PROBATE AND TRUSTS Contentious Probate Challenges to and interpretation of wills Removal and substitution of personal representatives Issues arising out of the administration of estates Claims under the Inheritance Act Intestacy Applications to the court for directions and orders. Duty of care in the preparation and execution of a will, rectification, and deeds of variation Trusts  Variation, rectification, and termination of trusts Interpretation of trust documentation Challenges to the validity of trusts Administration of trusts Removal of trustees Allegations of breach of trust and tracing against trustees and third parties COURT OF PROTECTION

James specialises in property and affairs matters

Jointly owned property and other trustee matters Deputyships and Deputyships in personal injury awards Powers of Attorney Statutory wills and gifting PROPERTY

Real property

Adverse possession and title issues Co-ownership (TOLATA), trusts of land, proprietary estoppel Boundary disputes Easements (rights of way) Trespass, and nuisance Land covenants Commons and village greens

 Landlord and Tenant 

Commercial, residential and agricultural tenancies. Interpretation of leases Leasehold covenants Forfeiture and actions for breach of covenant Statutory regulation of tenancies including business tenancy renewals, leasehold enfranchisement and extension, service charges and commonhold. AGRICULTURE & RURAL AFFAIRS

With a strong interrelation with his property experience and an understanding in the particular way matters affect farmers and the agricultural community, James has worked with landowners, farmers, tenants, land agents and chartered surveyors on cases such as:

Farm Tenancies both those under the Agricultural Holdings Act and Agricultural Tenancies Act, interpretation and application of leases and their terms Farms workers housing rights Succession rights, including proprietary estoppel claims Partnership disputes Water and drainage rights Boundary disputes, easements and public and private rights of way and shooting rights Environmental responsibilities Animal provisions Nuisance claims Claims in regard to applications of chemicals to crops. Listed buildings INQUESTS

James has a wealth of experience in representing those across the spectrum involved in this process. He is often instructed by interested parties to protect their interests during the inquest process and has experience in dealing with the coroner’s duty regarding reports to prevent further deaths.  

He thus well versed in Pre-Inquest Reviews and whether an organisation can be classed as an interested party. He has argued for inquests to be held with a jury and under Article 2.  Where the situation arises, he has also successful represented parties in advancing claims because of the unfortunate event.

LICENSING Alcohol licensing applications, Reviews into premises licenses and appeals Sexual entertainment venues Firearms Represents trade objectors, local residents and the police  BUSINESS AND COMMERCIAL LITIGATION Consumer and commercial contracts, Company and partnership law, Directors' duties, and liabilities (including disqualification), Professional negligence PERSONAL INJURY

James is instructed both for Claimants and Defendants in respect of liability and quantum issues and undertakes fast track and multi track cases. He has also advised and been successful in applications for personal injury trusts.

MEMBERSHIPS

Society of Trust and Estate Practitioners (STEP)

LECTURES & SEMINARS Contentious Probate Agricultural law Trusts of Land  Neighbour Disputes Civil litigation update Mock Coroners Inquest Expert Witnesses Environmental Damage - Interested Parties PUBLICATIONS

In the bloodDNA tests; Deceased persons; Parentage.Trusts and Estates Law & Tax Journal 196 (May) 20-23

Mind the Gap?Anderson v SpencerMay [2018] Fam Law 592

DNA extracted from deceased may be tested in paternity dispute (Anderson v Spencer)Lexis Nexus 19/02/2018

Who Died First?Critic of the case of Scarle v Scarle [2019] EWHC 2224STEP Journal December 2019/January 2020 Volume 27 Issue 10

ADDITIONAL INFORMATION

James is a qualified PADI Master Scuba Diver. His interests include travel, photography and cycling.

He is direct access qualified and thus is able to undertake suitable cases.