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James Egan

James has a busy and successful chancery, commercial and private client practice, and is regularly instructed by a number of leading firms. He has a wealth of advocacy experience spanning the full spectrum of Chambers’ work, appearing regularly in his own right in the County Court and High Court, in addition to acting as specialist chancery counsel in divorce proceedings in the Family Court. His practice largely focuses upon:

  • Trusts, inheritance and probate matters
  • Corporate and personal insolvency matters
  • Property and residential/commercial landlord and tenant claims
  • Commercial disputes
  • Partnership and company disputes

James has also been instructed in a number of cases with live capacity issues relating to both his own clients and opponents. He is therefore fully familiar with the procedures set out in Part 21 of the Civil Procedure Rules and/or Insolvency Rules 12.23-12.25.

 

Practice Areas


Private Client: Contentious

James has extensive experience in all aspects of trust, probate and estate claims (including drafting applications for service of proceedings out of the jurisdiction). His experience includes:

  • Advising and representing personal representatives, beneficiaries and applicants in mediations and at Court in Inheritance (Provision for Family & Dependents) Act 1975 claims (including Estates valued in the several millions of pounds). James has advised and represented spouses, former spouses, cohabitants, dependents and children of the Deceased in their claims.
  • Successfully removing and defending trustees/personal representatives in removal claims (both onshore and offshore);
  • Advising in a successful trustee removal application concerning offshore trusts in the Isle of Man;
  • Successfully applying to rectify the register of members and appointing directors after the sole director/shareholder of a ‘Model A’ Articles of Association company has died;
  • Successfully applying by way of originating summons to remove final caveats;
  • Successfully representing beneficiaries in construction/rectification claims;
  • Advising on and drafting ‘Cobden-Ramsay v Sutton Order’ proceedings;
  • Drafting section 116 Senior Courts Act 1981 passing-over proceedings;
  • Successfully advising on and drafting proceedings to compel trustees to transfer assets to absolute beneficiaries;
  • Successfully applying for an account and inventory of a high value estate;
  • Advising on, drafting and successfully recovering possession of the Deceased’s property;
  • Advising on potential claims for an account of lifetime transfers allegedly procured through undue influence and/or non-compliance with the Code of Practice for LPAs;
  • Advising on survivorship to joint bank accounts;
  • Advising personal representatives and potential claimants on testamentary challenges (including lack of capacity, want of knowledge and approval, and undue influence);
  • Advising on and drafting pre-action correspondence in claims involving Quistclose and statutory trusts;
  • Applications to pay funds into Court pursuant to section 63 of the Trustee Act 1925.
  • Advising on vesting orders and declarations in the insolvency context.

Private Client: Non-Contentious

James also has extensive experience in non-contentious matters relating to trusts, estates and associated taxation. His experience includes:

  • Advising on intestacy distributions where the Deceased had been adopted prior to the Adoption & Children Act 2002 coming into force;
  • Advising on reimbursing expenses incurred by beneficiaries on behalf of the Estate;
  • Advising on the construction and rectification of wills and trusts;
  • Advising the landlord of a residential property on termination of a long residential lease where the Deceased had died with no known next of kin or personal representatives;
  • Advising on non-charitable purpose trusts;
  • Advising on the applicable perpetuity period;
  • Advising on entitlement to assets due to the failure of a trust;
  • Drafting Deeds of Variation;
  • Drafting Deeds of Assent;
  • Drafting Deeds of Disclaimer;
  • Drafting Deeds of Appointment.

Capital Taxes

James has a keen interest in capital taxes. He is fully familiar with the use of Deeds of Variation and consent orders within Inheritance (Provision for Family & Dependents) Act 1975 for tax purposes. His experience includes:

  • Advising on sections 142 and 144 of the Inheritance Tax Act 1984 and section 62 of the Taxation of Chargeable Gains Act 1992 when dealing with variations and distributions from will trusts;
  • Advising on the calculation of the residence nil-rate band in a high value estate;
  • Drafting Deeds of Appointment out of a discretionary will trust;
  • Drafting a Defence & Counterclaim in a claim concerning negligent tax advice.

James also has experience in winding-up and bankruptcy cases arising from tax-related liabilities.

Property

Real Property

James has a keen interest in real property law, including trusts, conveyancing, mortgages, easements and other property rights. He has extensive experience in landlord and tenant work, and is happy to advise and act in relation to business and residential tenancies of all kinds. His experience includes:

  • Advising on escheat and rights following dissolution of a company and disclaimer;
  • Advising on protected business tenancies and the renewal process under the Landlord & Tenant Act 1954 (including drafting applicable notices and counter-notices);
  • Advising and drafting pre-action correspondence for the recovery of deposits;
  • Advising on an ‘acquisition order’ under Part III of the Landlord & Tenant Act 1987;
  • Advising and drafting claims between cohabitees pursuant to TOLATA 1996 and/or Section 37 of the Matrimonial Proceedings and Property Act 1970;
  • Advising and drafting applications to the Land Registry for prescriptive easements;
  • Advising and defending applications to the Land Registry based on adverse possession;
  • Advising on the construction of pre-emption rights;
  • Advising, drafting and representing parties in claims concerning financial penalties for failure to register tenancy deposits under sections 212-215 of the Housing Act 2004.
  • Representing parties in possession claims and trials (including trespasser claims, section 8, section 21, and Mortgage Arrears) and handling defences based on discrimination arising from disability (s15 EA 2010), indirect discrimination (s19 EA 2010), and postponement of possession for exceptional hardship;
  • Representing parties in applications to set aside Interim Charging Orders;
  • Representing mortgagees-in-possession seeking to pay surplus proceeds of sale into Court pursuant to section 63 of the Trustee Act 1925;
  • Representing mortgagees in claims for breach of common law and equitable duties associated with the sale of a residential property at an undervalue, and declarations of unfair relationship and other relief under the Consumer Credit Act 2006.

Personal Property/Chattels

James has a keen interest in personal property law. His experience includes:

  • Drafting proceedings and representing parties in bailment, trespass to goods, conversion and other Torts (Interference with Goods) Act 1977 claims;
  • Drafting proceedings and representing parties in claims under the Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Commercial Chancery

Insolvency

James has extensive experience in the full range of insolvency matters. He recently appeared on behalf of one of the defendant directors in a four-day High Court misfeasance trial with allegations of transactions at an undervalue and/or preferences claimed in the hundreds of thousands of pounds. His experience includes:

  • Contested and uncontested winding-up petitions against domestic and international companies, insolvent partnerships under the Insolvent Partnerships Order 1994, and/or the winding-up of LLPs under s14 LPPA 2000 and the LPP Regulations 2001;
  • Injunctions to restrain advertisement of winding up petitions;
  • Successfully applying to rectify the register of members and appoint directors following the death of the sole director/shareholder of a ‘Model A’ Articles company;
  • Advising on and amending applications to re-vest the family home;
  • Extensions of company administrations;
  • Setting aside a sham trust within bankruptcy proceedings;
  • Validation orders for payments made/to be made following presentation of a petition;
  • Restoration of companies to the Register;
  • Making and opposing applications to set aside statutory demands;
  • Advising and drafting bankruptcy and winding-up petitions;

Commercial

James’s commercial experience includes:

  • Successfully obtaining worldwide freezing and proprietary injunctions, Norwich Pharmacal orders, interim injunctions and orders for disclosure;
  • Advising and representing banks, credit providers and customers within commercial disputes arising out of the sale of goods (including pursuant to the Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
  • Advising on agency agreements;
  • Representing parties in claims concerning guarantees and indemnities;
  • Advising on and representing parties in Consumer Credit Act 1974 claims;
  • Advising on jurisdictional disputes (forum and choice of law) arising from international supply contracts.
  • Advising on and drafting pre-action correspondence in claims concerning Quistclose trusts, and statutory trusts (for example, under the Estate Agents Act 1979) in the commercial context;
  • Advising and drafting unjust enrichment and restitution claims

James is also happy to provide non-contentious contractual advice and drafting particularly in the context of contract renewal processes.

Company/Directors’ Duties

James’s recent experience includes:

  • Assisting Lesley Anderson QC in Bhullar v Bhullar & Ors [2017] EWHC 407 (Ch) which was a complex High Court derivative claim trial concerning breach of directors’ duties, the Re Duomatic principle, limitation issues under sections 21 and 32 of the Limitation Act 1980, and relief under section 1157 of the Companies Act 2006.
  • Advising and dealing with unfair prejudice petitions under section 994 of the Companies Act 2006;
  • Applying for relief under section 1157 of the Companies Act 2006;
  • Advising and drafting corporate governance documentation (including resolutions, minutes of meetings, and amendments to Articles of Association).

Business Rates Disputes

James is experienced in advising and representing parties within business rates avoidance schemes and subsequent applications to set aside liability orders.

Partnership

James’s experience in partnership law includes:

  • Advising individual members in relation to issues arising from mergers, partnership exits and transfers of business;
  • Representing partners in disputes arising from the dissolution of traditional partnerships under the Partnership Act 1890. In addition, James has experience in dealing with the overlap between insolvency procedures and partnerships and LLPs.

Court of Protection

James also accepts instructions within the Court of Protection dealing with property and affairs. His experience includes:

  • Applications to make a statutory will;
  • A complex FDR hearing in the Court of Protection involving substantial assets and a number of company and trust structures;
  • Advising beneficiaries and personal representatives in relation to the Code of Practice for LPA Attorneys when addressing inter vivos gifts and dispositions.

Partnership

James’s experience in partnership law includes advising individual members in relation to issues arising from mergers, partnership exits and transfers of business. In addition, James has experience in dealing with the overlap between partnerships, LLPs and insolvency procedures.

Qualifications


  • MA, Downing College, University of Cambridge (2018)
  • Bar Professional Training Course (Outstanding), BPP University (2015)
  • BA Law (Double First Class), Downing College, University of Cambridge (2014)

Associations & Memberships


  • Contentious Trusts Association (‘ConTrA’)

For more information and advice

 

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

 

Pricing Policy

Unless otherwise agreed my Clerk will calculate my fees based on my current hourly rate. My rates are reviewed annually and details can be obtained from my Clerk. Once a rate is set for any particular case the hourly rate will only ever be adjusted with express agreement between my Clerks and those instructing me.

Awards


James has been awarded several academic prizes for academic performance including:

  • Hubert Greenland Pupillage Award, 2015 – Lincoln’s Inn
  • Buchanan Prize, 2015 – Lincoln’s Inn
  • Graduating Scholar, 2014 – Downing College, University of Cambridge
  • Senior Harris Scholarship, 2014 – Downing College, University of Cambridge
  • Platt Prize for Especial Distinction in University & College Examinations, 2014 – Downing College, University of Cambridge
  • Clifford Chance CJ Hampson Prize 20 June 2014
  • Lord Denning Scholarship, 2014 – Lincoln’s Inn
  • Excellence Award, 2014 – BPP Law School
  • James William Squire Scholarship, 2013 – Faculty of Law, University of Cambridge
  • Hardwicke Entrance Award, 2013 – Lincoln’s Inn
  • Harris Scholarship, 2013 – Downing College, University of Cambridge
  • Seton-Cavendish Award – Downing College, University of Cambridge

James Egan is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Ref 66449] and governed by the Conduct Rules of the Bar of England and Wales. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/078] to provide legal services, please refer to the BMIF website for full details of the cover provided. He is registered for VAT under the reference 256487860.

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