Trinity Chambers

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

James is an experienced Chancery practitioner. He regularly appears in the relevant courts and tribunals and acknowledged by his 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 heads Trinity’s Agricultural Practice Group and is experienced in representing various parties in licensing and commercial matters. James 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
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.
• Rectification, and deeds of variation
• Distribution of company and partnership assets and disputes
• Professional Negligence in the preparation of wills

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

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.

LICENSING

• Alcohol licensing applications, for pubs, clubs, hotels, sports events, music venues, and festivals
• Reviews into premises licenses and subsequent appeals, in the Magistrates’ Court and High Court
• Sexual entertainment venues
• Represents trade objectors, local residents, the police and responsible authorities.

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
• Grazing Agreement and Shooting Rights
• Listed buildings

COURT OF PROTECTION
James specialises in property and affairs matters

• Jointly owned property and other trustee matters
• Deputyships
• Powers of Attorney
• Statutory wills and gifting

OTHER AREAS

• Unincorporated associations, clubs and other associations

MEMBERSHIPS
Society of Trust and Estate Practitioners (STEP)
LECTURES & SEMINARS

• Contentious Probate
• Agricultural law
• Trusts of Land
• Civil litigation update
• Expert Witnesses

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

Mind the Gap?
Anderson v Spencer
May [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?
Critique of the case of Scarle v Scarle [2019] EWHC 2224
STEP 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.

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).