James Ballance
James Ballance is an experienced commercial litigator, with particular strength and experience in property & real estate claims. Ranked for his property experience in the leading directories, he is described as “extremely bright & assured… a very effective communicator and tactically astute”. His busy advocacy and advisory practice spans a wide range of Chambers’ areas of work. In addition to commercial and property litigation, James is instructed in matters involving civil fraud, trusts & equitable claims, corporate and partnership disputes, professional negligence and insolvency. James appears regularly in the High Court, the County Court, and the Court of Appeal, and also undertakes arbitration work. He is equally comfortable being instructed individually, or as part of a team. Commercial Litigation Instructed in a wide range of civil and commercial litigation, including: contractual and other commercial disputes; joint venture claims; corporate and partnership disputes; claims to enforce directors’ or shareholders’ guarantees; applications (including urgent applications) for interim injunctions and freezing relief; lender claims against borrowers, guarantors, and security assets; and claims in restitution, unjust enrichment and subrogation. Property Litigation Particular experience and specialism in property litigation. His principal fields of work involve: Real property litigation: conveyancing disputes, co-ownership claims (including TOLATA disputes), land registration issues (both pre- and post-Land Registration Act 2002) and rectification claims, constructive trust and proprietary estoppel claims in both residential and commercial contexts, trespass, boundary disputes, nuisance claims, adverse possession, contracts for the sale of land and agreements for leases, easements, restrictive covenants, mortgages, undue influence & duress claims, and overreaching issues. Lender claims: possession claims brought by lenders and/or LPA receivers in respect of charged property; acting in a wide variety of lender disputes, including relating to lenders’ powers of sale, the appointment of LPA Receivers, limitation and adverse possession points, res judicata and abuse of process arguments. Commercial landlord & tenant disputes, including lease renewal applications, construction of leases, rectification, issues under the Landlord and Tenant (Covenants) Act 1995, break notices, forfeiture/termination, relief from forfeiture, breach of landlord and tenant covenants, and rent review provisions. Residential landlord & tenant claims, covering both ASTs and ATs (and earlier forms of residential leases with security of tenure), and long leases; possession claims, ground rent, rentcharge and service charge disputes, forfeiture & termination, relief from forfeiture, and extension/enfranchisement. Also familiar with and able to advise and act on a wide variety of other property matters, including Sale of Goods Act claims, Village Green applications, applications for charging orders, orders for sale, and vesting orders. Civil Fraud, Trusts & Equitable Claims Wide experience of a range of civil fraud, trusts and equitable claims. High profile cases have involved complex issues within the law of trusts and constructive trusts, breach of fiduciary duty and breach of trust (including offshore work). Increasingly instructed on civil fraud litigation. Also advises on a range of probate issues, including construction of wills, challenges to testamentary capacity, and Inheritance Act claims. Company & Partnership Advises and acts in a range of corporate and partnership disputes, from share purchase agreements, share re-organisations, pre-emption rights and unfair prejudice petitions to disputes as to the existence, or terms of, partnerships, dissolution claims, and claims for accounts between partners. Professional Negligence Wide-ranging experience in professional negligence claims, against accountants, legal representatives and surveyors. His instructions have included acting for both claimants and defendants in high value litigation, frequently giving rise to breach of trust, breach of fiduciary duty and breach of warranty issues in addition to conventional claims in breach of contract and negligence. Insolvency & Asset Recovery Advises and acts on a variety of corporate and personal insolvency matters. Regular appearances on winding-up petitions and rescission applications, bankruptcy petitions, annulment applications and applications to set aside statutory demands; familiarity with the making of administration orders, extension and removal orders; and able to advise on a range of other insolvency matters including appointment of provisional liquidators, CVAs and IVAs, transactions at an undervalue and preferences. Notable Cases James’ notable cases include: · Dunne v Crest Nicholson (Eastern) Ltd (unreported, 27 August 2026): acting for the successful managing agent and freeholder, resisting a group application under s.27A of the Landlord & Tenant Act 1985, in respect of a large residential estate, involving 36 tenants and 29 sub-issues. · SBP 2 Sarl v 2 Southbank Tenant Ltd [2025] L&TR 15: acting for the tenant on its successful summary judgment application, dismissing the landlord’s forfeiture claim on the ground that the guarantor’s insolvency had not been established within the meaning of ss.122 & 123 of the Insolvency Act 1986. · Howard v Bank of Scotland plc [2020] PNLR 6: the High Court summarily dismissed a borrower’s claim against its lender for alleged negligent valuations and/or misrepresentations on limitation grounds. · Wellcome Trust v Soni [2018] EWHC 1394: High Court litigation on the interplay of writs of possession and writs of restitution in the context of forfeiture of long residential leases, involving service out of the jurisdiction and absent tenants. · Doberman v Watson [2017] 4 WLR 103: High Court decision on the circumstances in which res judicata principles could prevent applications for the modification or discharge of restrictive covenants under s.84 of the Law of Property Act 1925. · Al Zawani v Newson-Smith [2016] EWHC 2796 (QB): appealing a master’s decision on a recusal application, in the context of hostile enforcement proceedings against a Judgment Debtor’s director. Tindall Cobham 1 Ltd v Adda Hotels [2015] 1 P&CR 5 (CA): a leading Court of Appeal decision on the anti-avoidance provisions of s.25 of the Landlord & Tenant (Covenants) Act 1995. Publications James is a contributor to Company Voluntary Arrangements: Law and Practice (OUP, 2022).