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James Egan

James’s 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


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;
  • Extension of 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;
    aspects of bankruptcy and winding-up petitions (including annulments);

Commercial

James is regularly instructed to represent and advise 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), agency agreements, guarantees and indemnities, and the Consumer Credit Act 1974. In this context, James has also advised on jurisdictional disputes (forum and choice of law) arising from international supply contracts. James is experienced in dealing with trusts in the commercial context including Quistclose trusts, statutory trusts (for example, under the Estate Agents Act 1979), and also reliance upon unjust enrichment and restitution. He is happy to provide non-contentious contractual advice and drafting particularly in the context of contract renewal processes.

Business Rates Disputes

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

Company/Directors Duties

James also regularly accepts instructions in all aspects of company law. James assisted Lesley Anderson QC in a complex High Court derivative claim concerning breach of duty, the Duomatic principle, limitation issues under sections 21 and 32 of the Limitation Act 1980, and relief under section 1157 of the Companies Act 2006.

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.

Private Client: Contentious

James has a keen interest in all aspects of trust, probate and estate claims. His recent experience includes:

  • Successfully compelling trustees to transfer assets to absolute beneficiaries
  • Successfully applying for an Account and Inventory of an Estate in a high value estate
  • Successfully recovering possession of the Deceased’s property
  • Successfully applying by summons to remove caveats subsequent to appearances
  • Successfully removing trustees/personal representatives
  • Advising on potential accounts of inter vivos dispositions allegedly procured through undue influence and/or non-compliance with the Code of Practice for
  • LPAs
  • Advising and representing parties in mediations and at Court in Inheritance Act claims (including with Estates valued in the several millions of pounds)
  • Advising both personal representatives and potential claimants on testamentary challenges (including lack of capacity, want of knowledge and approval, and undue influence)
  • Applications to pay funds into Court pursuant to section 63 of the Trustee Act 1925

Private Client: Non-Contentious

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

  • Distributions under the Administration of Estates Act 1925 where the Deceased had been adopted prior to the Adoption & Children Act 2002 coming into force
  • Construction and rectification of wills and trusts
  • Deeds of Variation
  • Deeds of Disclaimer
  • 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 wording of consent orders within Inheritance Act 1975 for tax purposes. His recent advisory experience includes:

  • Advising upon ss142 and 144 of the Inheritance Tax Act 1984 and s62 of the
  • Taxation of Chargeable Gains Act 1992 when dealing with variations and distributions from Will trusts to bring a will trust to an end
  • Advising upon the calculation of the residence nil-rate band in a high value estate

James also has experience in winding up and bankruptcy 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:

  • 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
  • Applications to set aside Interim Charging Orders
  • Adverse possession claims
  • Applications for prescriptive easements
  • Applications by mortgagees-in-possession to pay surplus proceeds of sale into Court pursuant to section 63 of the Trustee Act 1925
  • 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
  • Claims between cohabitees pursuant to TOLATA 1996 and/or Section 37 of the
  • Matrimonial Proceedings and Property Act 1970

Personal Property/Chattels

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

  • Declarations for ownership of chattels
  • Claims for trespass to goods, conversion and other wrongful interference with goods
  • Claims for breach of bailment
  • Claims against vendors 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.

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 financial dispute resolution appointment in the Court of Protection in a matter 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.

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 – for an ‘Outstanding’ grade on the BPTC
  • 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 – for academic achievement
  • Excellence Award, 2014 – BPP Law School – for First Class results in Undergraduate Examinations
  • 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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