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James Egan

James Egan accepts instructions in all areas of contentious and non-contentious Chancery and Commercial practice with an emphasis on insolvency, private client and property matters. He appears regularly in his own right in the County Court and High Court within these practice areas. James has also given seminars across the country on private client and property work and has been praised as “very impressive”.

Prior to developing his commercial, chancery and insolvency practice, James enjoyed pupillage at top tier family law chambers, 1 Kings Bench Walk. In pupillage, he was exposed to numerous high-net-worth divorces which enhanced his familiarity with complex domestic and international corporate trust structures. He is keen to utilise this cross-jurisdictional experience by appearing as specialist chancery counsel in matrimonial proceedings.

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 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

James has significant experience in all aspects of insolvency matters and has regularly appeared in the High Court and County Court across the country. James’ experience includes:

  • Applications to extend company administrations;
  • Applications to set aside a sham trust in existing bankruptcy proceedings;
  • Applications for validation orders;
  • Restoration of companies to the Register;
  • Contested and uncontested winding up petitions;
  • Injunctions to restrain advertisement of winding up petitions;
  • Making and opposing applications to set aside statutory demands;
  • Bankruptcy proceedings (including Income Payment Orders).

James also regularly accepts instructions in all aspects of company law. In particular, James has assisted Lesley Anderson Q.C. in a complex High Court derivative claim concerning breach of fiduciary 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.

James frequently acts on behalf of banks, credit providers and customers in consumer disputes including claims involving alleged misrepresentation, the Consumer Credit Act 1974, and the Consumer Rights Act 2015.

James has experience in business rates disputes and challenges to liability orders.

 

Property

James has a strong 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. His recent real property experience includes:

  • Possession claims and trials to recover possession of property pursuant to section 21 or section 8 of the Housing Act 1988 including defences based upon discrimination arising from disability pursuant to Section 15 of the Equality Act 2010, indirect discrimination pursuant to section 19 of the Equality Act 2010, and postponement of possession on the ground of exceptional hardship;
  • Possession claims against trespassers (including the making of interim possession orders and final orders for possession);
  • Possession Claims based on Mortgage Arrears in Respect of Residential Property and Commercial Property;
  • Applications to set aside interim charging orders;
  • Claims before the First Tier Tribunal for adverse possession;
  • 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.

James also has a keen interest in personal property law. His 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.

Private Client: Contentious

James accepts instructions in all aspects of trust, probate and estate claims. His recent experience includes:

  • Advising and representing parties in Inheritance (Provision for Family & Dependents) Act 1975 claims;
  • Applications to compel transfers of assets pursuant to the Saunders v Vautier [1841] EWHC J82 jurisdiction;
  • Advising on potential accounts of inter vivos dispositions allegedly procured through undue influence and/or non-compliance with the Code of Practice for Lasting Powers of Attorney;
  • Claims for recovery of possession of the Deceased’s property;
  • Applications to pay funds into Court pursuant to section 63 of the Trustee Act 1925;
  • Advising and representing parties in contested applications for trustee/personal representative removal and substitution.

Private Client: Non-Contentious

James is happy to receive instructions on non-contentious matters relating to trusts, estates and associated taxation. He is familiar with the application of the non-contentious probate rules, the use of standing searches and caveats, and consideration of section 142 of the Inheritance Tax Act 1984 and section 62 of the Taxation of Chargeable Gains Act 1992. James has recent experience of advising on distribution under the Administration of Estates Act 1925.

Court of Protection

James is happy to accept 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


  • Northern Circuit
  • 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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