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James Egan

James’ practice has seen him instructed across the full range of Chambers’ commercial and chancery work.  He has a wealth of advocacy experience and has been instructed to represent clients in the County Court (small claims, fast track, and multi-track) as well as on High Court matters (trials and in the applications’ list). James’s practice includes the following areas:

  • Trusts, inheritance and probate matters
  • Corporate and personal insolvency matters
  • Corporate and commercial disputes
  • Business rates disputes
  • Partnership disputes
  • Possession actions
  • Property disputes (including trusts, proprietary estoppel, TOLATA 1996 and, between engaged couples, section 37 of the Matrimonial Proceedings & Property Act 1970)

James has also been instructed in a number of sensitive cases involving vulnerable parties with mental capacity issues. He is therefore familiar with the procedures set out in Part 21 of the Civil Procedure Rules and/or the Insolvency Rules 12.23-12.25.

James has also given seminars across the country on private client and property work and has been praised as “very impressive”.

James achieved a Double First-Class Honours in Law at Downing College, University of Cambridge, where he was awarded several scholarships for his performance in examinations.

 

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 recent experience includes:

  • Advising and representing both personal representatives, beneficiaries and applicants in mediations and at Court in Inheritance (Provision for Family & Dependents) Act 1975 claims (including where Estates are valued in the several millions of pounds). James has experience in advising and/or representing the following applicants: spouses, former spouses, cohabitants, dependents and children.
  • Successfully removing and defending trustees/personal representatives in removal claims;
  • Successfully applying by way of originating summons to remove final caveats (after an appearance);
  • Successfully representing beneficiaries at a disposal hearing for declarations as to the construction/rectification of a Will;
  • Advising and drafting proceedings seeking a Cobden-Ramsay v Sutton Order that, unless a threatened claim is brought within a certain period, the trustee/PR is free to administer the trust/distribute the Estate without regard to the claim);
  • Drafting originating summons and witness statement for directions and/or passing over pursuant to section 116 Senior Courts Act 1981;
  • Successfully advising upon 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 upon, drafting proceedings and successfully recovering possession of the Deceased’s property and orders for sale;
  • Advising upon 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 upon survivorship relating to joint accounts between the Deceased and a third party;
  • Advising both personal representatives and potential claimants on testamentary challenges (including lack of capacity, want of knowledge and approval, and undue influence);
  • Advising upon 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 upon 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 recent experience includes:

  • Advising upon intestacy distributions where the Deceased had been adopted prior to the Adoption & Children Act 2002 coming into force;
  • Advising upon the reimbursing of expenses incurred by beneficiaries on behalf of the Estate;
  • Advising upon the construction and rectification of wills and trusts;
  • Advising the landlord of a residential property on terminating a long residential lease where the Deceased had died with no known next of kin or personal representatives;
  • Advising upon non-charitable purpose trusts;
  • Advising upon the applicable perpetuity period;
  • Advising upon entitlement to assets upon 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 recent experience includes:

  • Advising upon 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 upon 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 & Counterclaims 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 conveyancing, mortgages, easements and other third-party 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. Recent real property experience includes:

  • Advising upon property ownership following the dissolution of a company and disclaimer of its assets by the Treasury Solicitor, and the effect of escheat;
  • Advising upon and drafting pre-action correspondence for the recovery of deposits;
  • Advising upon the merits of an ‘acquisition order’ under Part III of the Landlord & Tenant Act 1987;
  • Advising upon, and drafting, claims between cohabitees pursuant to TOLATA 1996 and/or Section 37 of the Matrimonial Proceedings and Property Act 1970;
  • Advising upon, and drafting, applications to the Land Registry for prescriptive easements;
  • Drafting letters to the Land Registry defending adverse possession claims;
  • Advising upon the construction of pre-emption rights;
  • Advising upon, drafting and representing parties in claims concerning financial penalties for failure to register tenancy deposits in accordance with sections 212-215 of the Housing Act.
  • Representing parties in possession claims and trials (including known and unknown trespasser claims, section 8, section 21, and Mortgage Arrears claims) and handling defences based upon 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. Recent personal property experience includes:

  • Drafting proceedings and representing parties in claims for declarations as to ownership of chattels;
  • Drafting proceedings and representing parties in claims for trespass to goods, conversion and other wrongful interference with goods;
  • Drafting proceedings and representing parties in claims for breach of bailment;
  • 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 insolvency experience further 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 s.14 LPPA 2000 and the LPP Regulations 2001;
  • Injunctions to restrain advertisement of winding up petitions;
  • 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;
  • Drafting and advising upon bankruptcy and winding-up petitions.

Commercial

James’s commercial experience includes:

  • 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 upon agency agreements;
  • Representing parties in claims concerning guarantees and indemnities;
  • Advising upon and representing parties Consumer Credit Act 1974 claims;
  • Advising upon jurisdictional disputes (forum and choice of law) arising from international supply contracts.
  • Advising upon 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 upon 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 is experienced in and accepts instructions in all aspects of company law. His 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 upon 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 upon 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. In addition, James has experience in dealing with the overlap between partnerships, LLPs and insolvency procedures.

 

 

Court of Protection

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

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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