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.
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, and is happy to advise and act in relation to business and residential tenancies of all kinds.
Recent highlights include:
- Advising on escheat and rights following dissolution of a company and disclaimer;
- Advising on protected business tenancies and the renewal process under the Landlord & Tenant Act 1954 (including drafting applicable notices and counter-notices);
- Advising and drafting pre-action correspondence for the recovery of deposits;
- Advising on claims for a new 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 claims between cohabitees pursuant to TOLATA 1996 and/or Section 37 of the Matrimonial Proceedings and Property Act 1970;
- Advising and drafting applications to the Land Registry for prescriptive easements;
- Advising and defending applications to the Land Registry based on adverse possession;
- Advising on the construction of pre-emption rights;
- 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.
- Representing parties in possession claims and trials (including trespasser claims, section 8, section 21, and Mortgage Arrears) and handling defences based on 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.
James has a keen interest in personal property law.
Recent highlights include:
- 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.
- 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’)
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.