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James Egan

James has a busy and successful traditional and commercial chancery, property and private client practice. Both in and out of Court, he is often commended for his attention to detail, focused legal analysis, and his persuasive written and oral advocacy. He takes a calm and considered view to all cases, combining his legal knowledge with practical, commercial advice. Whilst he is often recommended for his amicable and sensitive interaction with lay clients, he is not afraid to advise lay clients realistically about the prospects of success and financial implications of proceeding to trial. Notwithstanding, in Court, James is a robust litigator and does not shy away from pursuing a difficult argument.

Whilst James is regularly instructed in cases of all sizes and complexity, his expertise has led him to be instructed by a number of leading firms often in high value and complex cases. For example, in the recent reported case of Harbour Fund lll LP v Kazakhstan Kagazy Plc [2021] EWHC 1128 (Comm) James, led by Rupert D’Cruz QC, successfully defended Kazakhstan Kagazy JSC against numerous claims by Harbour Fund III LP in relation to a $300 million judgment obtained in early Kagazy v Zhunus litigation. This high value dispute spanned multiple areas of law including conflicts of laws (particularly the application and interpretation of Kazakh rehabilitation/insolvency law), alleged contractual variation and interpretation, alleged agency and authority issues, and alleged unjust enrichment/restitution. Mrs Justice Moulder found in favour of Kazakhstan Kagazy JSC on all issues in her 72-page judgment which can be viewed here.

James’s multi-disciplinary expertise means that many of his cases span multiple different areas of law, 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

James is also regularly instructed in cases brought by or against children and/or protected parties, and he is therefore very familiar with acting on behalf of or litigating against ‘litigation friends’ for children and protected parties (and consequently the procedures set out in Part 21 of the Civil Procedure Rules and/or Insolvency Rules 12.23-12.25). Having dealt with multiple such cases, James is experienced in adapting his approach sensitively to ensure the best and most appropriate handling of such cases.

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 (including for pubs and licensed premises), and is happy to advise and act in relation to business and residential tenancies of all kinds.

Recent Property experience includes:

  • Advising and drafting TOLATA claims by both beneficiaries and trustees, including claims for occupational rent and/or enhanced beneficial interests under section 37 of the Matrimonial Proceedings and Property Act 1970;Advising on protected business tenancies and the renewal process under the Landlord & Tenant Act 1954 (including drafting the applicable notices and counter-notices);
  • Advising and drafting pre-action correspondence for the recovery of residential tenancy deposits and, similarly, 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.
  • Advising on claims for a new residential tenancy pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993;
  • Advising on an ‘acquisition order’ under Part III of the Landlord & Tenant Act 1987;
  • Advising and drafting applications to the Land Registry for prescriptive easements;
  • Advising on and drafting applications to the Land Registry for acquisition of freehold garden land;
  • Advising and defending applications to the Land Registry based on adverse possession;
  • Advising on the construction of pre-emption rights;
  • Successfully representing parties, both landlords and occupiers, in possession claims and trials (including trespasser claims, section 8, section 21, and Mortgage Arrears) and handling defences based on alleged discrimination arising from disability (s15 EA 2010), alleged indirect discrimination (s19 EA 2010), and postponement of possession for exceptional hardship;
  • Successfully representing parties in applications to set aside Interim Charging Orders;
  • Successfully representing mortgagees-in-possession seeking to pay surplus proceeds of sale into Court pursuant to section 63 of the Trustee Act 1925;
  • Successfully 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.
  • Advising on escheat and rights following dissolution of a company and disclaimer;

Personal Property/Chattels

James has a keen interest in personal property law.

Recent Personal Property 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.

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.

Seminars & Webinars


Breakfast Briefings 2024

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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