James Saunders > New Square Chambers > London, England > Barrister Profile

James Saunders

020 7419 8000 james.saunders@newsquarechambers.co.uk View profile View profile

Position

James’ busy commercial chancery practice spans Chambers’ practice areas and he is particularly at home with complex disputes which engage multiple overlapping areas of law. James welcomes instructions across the full range of commercial-chancery work including insolvency, trusts and estates, property, commercial litigation, civil fraud and company.

James appears frequently in his own right in the High Court and County Courts. Recent reported decisions include successfully setting aside a statutory demand relying upon the penalty doctrine in Slowikowsa v Rogers [2021] EWHC 192 (Ch), defending against presentation of a winding-up petition under the Coronavirus test in Newman v Templar Corp Ltd [2020] EWHC 3740 (Ch) and led trial experience with Nigel Hood in a four-week High Court dispute with issues of civil fraud and partnership dissolution (Sidhu v Rathor [2020] EWHC 1916 (Ch)).

James is also a contributor to the forthcoming Third Edition of Gough on Company Charges, has written for Trust and Trustees and contributes to Lexis Nexis’ dispute resolution panel.

Before coming to the Bar, James spent ten months at Canada’s leading boutique litigation firm Lenczner Slaght as a Fox Scholar. Previously, James tutored trusts law at the London School of Economics and obtained first class honours in his LLB from University College London.

James can be instructed on a direct access basis.

Career

Called to the Bar 2017; Major Scholarship (Inner Temple); Harold G Fox Scholarship (Middle Temple); Provosts Award for Academic Excellence (University College London).

James is a Rising Star of the Trusts and Probate Bar (Legal 500, UK Bar 2023) and has been described as “down to earth with excellent communication skills. He is bright, responsive and thoughtful.”

James has gained extensive experience of trusts and estates disputes including offshore litigation in the Isle of Man and Jersey and of non-contentious matters. To his core trust and estates practice James adds extensive knowledge of fiduciary issues in an insolvency context, asset recovery, real property and trusts in commerce. James continues to advise on a long running TSP provider liquidation in the Isle of Man. James has a particular knowledge of co-trustee/executor claims and has written on Will variations for the leading international journal Trusts and Trustees.

James’ work embraces the full range of Chambers’ real property and landlord and tenant specialisms, including TOLATA proceedings, mortgages/receivership, business tenancy 1954 Act renewals, proprietary estoppel, constructive trusts of land, nuisance and trespass/possession. James has a strong grasp of the interaction between real property issues with trusts/estates and insolvency/bankruptcy.

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James has developed a very busy and strong insolvency and company practice covering all aspects of personal and corporate insolvency. James is a Tier 4 ranked Leading Junior and described as “Expedient, efficient, concise and reliable. James always goes above and beyond what is asked of him without question and is prepared to squeeze in work with tight deadlines without any effect on the quality of his advice, drafting or advocacy” (Legal 500 UK Bar 2023).

James has gained significant experience in respect of claims against directors for breach of duty together with Insolvency Act antecedent recovery claims. James is regularly instructed by IP’s/office holders, litigation funders and individuals (debtors and creditors). James has a particular knowledge of co-director/office holder claims acting, speaking and writing in the field.

James also welcomes instructions concerning directors’ disqualification proceedings and related pre-action steps.

James’ insolvency practice frequently crosses paths with trusts and real property issues along with questions of directors’ duties.

Civil fraud arises in and interacts with all of James’ core practice areas of trusts/estates, insolvency and real property. James advises upon and acts in cases concerning issues including, freezing/proprietary injunctions, knowing receipt/dishonest assistance/tracing, shams, Norwich Pharmacal and non-party disclosure orders, misrepresentation and undue influence, rescission and unjust enrichment.

James regularly advises on disputes concerning breaches of directors’ duties, often in an insolvency context. James has also gained experience of Company Law issues in an Isle of Man context whilst continuing to advise on an offshore liquidation.

James also welcomes instructions concerning directors’ disqualification proceedings and pre-action steps.

James has also recently advised on a number of cases involving complex questions of dissolution, restoration and the effect of both upon corporate property and claims limitation.

James is currently acting in a partnership dissolution dispute involving trust of land issues, estate administration, executor misfeasance and challenged lifetime transactions.

Memberships

Contentious Trusts Association (ConTrA); R3; Property Bar Association; Chancery Bar Association (ChBA).

Education

Bar Professional Training Course, City Law School (Outstanding); LLB, University College London (First Class Honours); Unjust Enrichment First in Year.