Selborne Chambers

James is a specialist chancery and property practitioner and typically acts in cases concerning or ancillary to the ownership and rights over land (including planning and construction disputes). His principal areas of practice are landlord and tenant, land registration, co-ownership and beneficial interests, trusts of land, rectification, misrepresentation, fraud, undue influence, adverse possession, restrictive covenants, easements, rights of way, trespass, and nuisance. James is regularly instructed to appear in the Court of Appeal, High Court (Ch.D), Upper Tribunal (Lands Chamber), First-tier (Property Chamber), and Technology and Construction Court. James has acted in a number significant and widely reported cases: Sheikh v Malik [2018] (pending) – a very important case concerning the scope of presumed undue influence in “family assets” cases; Corvan v Mahmoud [2017] UKUT 228 (LC) - construction of qualified long-term agreements; London Borough of Islington v Dyer [2017] EWCA Civ 150; [2017] P.T.S.R. 731; [2017] H.L.R. 20; [2017] 2 P. & C.R. DG6; Times, May 3, 2017 – what constitutes a “notice”; Firstport Property Services Limited v Ahmet [2017] UKUT 0036 – the construction of defectively drafted leases in a large development scheme; Rapose v Viridian HA Limited [2017], TCC, Jan 5, 2017 – the validity of a third surveyor’s award where there was a defect in service; Primeview Developments Limited v Ahmed and others [2017] UKUT 0057 (LC) – the approach to take when making orders for costs in unreasonable conduct cases; R (on the application of Pearce and ors) v Purbeck District Council and ors [2017] - whether the question of “need” was correctly assessed when deciding to grant permission to developing an area of outstanding natural beauty on the Dorset coast. Begum v Birmingham CC [2015] EWCA Civ 386; [2015] CP Rep 32; [2015] 3 Costs LO 387; [2015] HLR 33  - Amendments; Breach of statutory duty; Costs; Defects; Local authorities’ liabilities; Local authority housing; Sale of property; Statements of case; the scope of the decision in Beoco. Norwich CC v Redford [2015] UKUT 30 (LC) - Apportionment; Flats; Lighting; Local authorities’ powers and duties; Rateable value; Service charges; Queensbridge Investments Limited v Leaseholders of Flat 2 and 3, 135 Ladbroke Grove, London, W11 1PN Upper Tribunal, (permission) LRX/70/2015 and LRX/156/2016 - s.168 of the Commonhold and Leasehold Reform Act 2002; waiver of covenant prohibiting sub-letting; ostensible authority of managing agents; R (on the application of Bishops Stortford Civic Federation) v (1) East Hertfordshire District Council (2) Anley Trustees Limited and Maison Anley Property Nominee Limited [2014] EWHC 348 (Admin); [2014] PTSR 1035; [2014] BLGR 161; [2014] JPL 852; [2014] ACD 104 - £105m redevelopment; whether the decision was impugned by irrelevant and prejudicial remarks made by a member of the Executive; Ergun v Smith and Anor [2014] EWHC 2494 - when new evidence can be adduced in support of an appeal; Aaron Burchell v Raj Properties Ltd [2013] UKUT 443 (LC); [2014] L & TR 3; [2013] 3 EGLR 62; [2013] 43 EG 127 (CS) - leasehold enfranchisement; “terms of acquisition”: s.48(1), Leasehold Reform, Housing and Urban Development Act 1993; restrictions on dispositions; meaning of “change”:  s.57(6)(b); London Borough of Brent v Cheryl Tudor [2013] EWCA Civ.157; [2013] HLR 20; [2013] 1 P & CR DG23 - Possession; under occupying; ground 16; whether reasonably required to accommodate the successor secure tenant and her family; Brasilian Point Ltd v In Shops Ltd and another [2012] All ER 17 - forfeiture; commercial lease; terms of relief;  arrears uncertain; unjust enrichment; Anas v Arora [2012] EWCA Civ 102 and [2012] EWHC 1488 (QB) - possession; refusal of a stay of execution; academic appeals; civil restraint orders; Vernon v Spoudeas and Rosenthal [2010] EWCA Civ 666 - the approach to be taken for relief against “unless” orders;

Called, Lincoln’s Inn (2003); Direct Professional Access (2010); Pupil Master, Lincoln’s Inn (2013)

Dutch, French, German, Spanish

Chancery Bar Association; Property Bar Association; Administrative Law Bar Association; Bar Council Professional and Public Access scheme

Ecole Europeenne de Bergen; Lord Wandsworth College; Cardiff University (2000 LLB); Inns of Court School of Law (2002); Bristol University (2003 LLM)