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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. James also has been instructed 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
  • Court of Protection
  • Commercial disputes
  • Partnership and company disputes

In addition to his practice in the Court of Protection, James has been instructed in a number of civil claims in which litigation capacity needed to be investigated in relation to one of the parties. He is therefore familiar with the procedures set out in Part 21 of the Civil Procedure Rules and/or Insolvency Rules 12.23-12.25, as applicable.

Commercial Chancery

Insolvency

James has extensive experience in the full range of insolvency matters, and has been instructed in proceedings across the country including London, Manchester, Birmingham, Leeds, and Harrogate. 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.

Recent highlights include:

  • 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 considering applications to re-vest the family home following bankruptcy where the automatic re-vesting provisions were not engaged;
  • 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

Recent highlights include:

  • 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

Recent highlights include:

  • 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 on 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.

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. All fees are subject to VAT at the prevailing rate where applicable.

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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