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James Kirby

James Kirby joined Ten Old Square in October 2018 after successfully completing pupillage in Chambers.

James is a Chancery barrister who has experience across all areas Chambers’ expertise including Private Client, Capital Taxes, Partnerships & LLPs, Court of Protection and Charities. He appears regularly in the High Court, the County Court and the First-tier Tribunal.

Before becoming a barrister James was a Research Fellow in History at Trinity College, Cambridge. He is the author of a number of articles in leading historical journals, and of a book published by Oxford University Press.

 

Practice Areas


Private Client: Contentious

Recent highlights include:

  • Applications to remove executors under s.50 of the Administration of Justice Act 1985 (from drafting proceedings to successful disposal hearings in the High Court)
  • Acting as junior counsel in a High Court application in a complex multi-jurisdictional private client dispute (led by Georgia Bedworth)
  • Drafting skeleton arguments, witness evidence and summonses in offshore trust proceedings
  • Striking out a TOLATA claim over a family home as an abuse of process (and representing the client successfully on appeal)
  • Appearing in a Part 8 directions hearing in the High Court regarding the removal of executors in a £multi-million estate
  • Drafting a settlement agreement in a 1975 Act dispute involving insolvency and survivorship issues
  • Advising on merits in a 1975 Act claim by a former civil partner of the deceased
  • Drafting witness evidence in 1975 Act proceedings
  • Advising on merits in a potential breach of trust claim against an executor/trustee
  • Appearing successfully in a claim for a division of chattels under s.188 of the Law of Property Act 1925
  • Assisting Richard Dew at a mediation in a 1975 Act dispute
  • Assisting in the preparation for trial (including skeleton argument and cross-examination notes) of a claim for undue influence regarding a will and the lifetime transfer of the family home

Private Client: Non-Contentious

James regularly advises trustees, personal representatives and beneficiaries on matters concerning trusts and estates, including tax matters.

Recent highlights include:

  • Advising on class gifts in wills, including the rules governing the closing of classes
  • Advising trustees on the scope of a power of advancement
  • Advising on the effect of a conditional revocation clause in a will
  • Advising on the construction of a will directing executors to pay tax on property subject to a testamentary power of appointment
  • Advising an executor on conflict of laws issues relating to foreign assets
  • Advising trustees on terminable life interests in residential property (including tax consequences)
  • Drafting deeds of variation under s.142 of the Inheritance Tax Act 1984
  • Drafting trustee resolutions relating to beneficiary loans

Property

James has a particular interest in the ownership and occupation of trust and estate property.

Recent highlights include:

  • Appearing successfully to strike out a TOLATA claim relating to a family home as an abuse of process
  • Appearing in a two-day interim application in a high-value mortgage possession claim in the High Court (led by Jonathan Gavaghan)
  • Applying successfully for land to be vested in a residents’ management company under the Insolvency Act 1986
  • Appearing at a disposal hearing of a Part 8 claim for an order for sale
  • Drafting Particulars of Claim in a dispute concerning breach of trust by the vendor of a property
  • Advising on a proposed application for an order for sale under TOLATA
  • Successfully opposing a tenant’s application for an injunction against a landlord
  • Residential possession proceedings under s.8 and s.21 of the Housing Act 1988
  • Possession proceedings against trespassers (commercial and residential)
  • Representing a mortgagor’s tenant in mortgage possession proceedings
  • Appearing in the First-tier Tribunal Property Chamber (Residential Property)

Court of Protection

James is a founding member of the Court of Protection Bar Association.

Recent highlights include:

  • Advising on the effect of loss of capacity on a beneficiary’s “right to reside” in trust property
  • Drafting a Position Statement for the Official Solicitor in a dispute concerning unauthorised gifts by an LPA attorney
  • Drafting advice regarding professional negligence and the creation and abuse of Lasting Powers of Attorney

Capital Taxes

James has appeared as a junior barrister for HMRC in the First-tier Tribunal (Tax Chamber) in a series of cases concerning high-value income tax avoidance schemes. He also has experience of drafting statements of case, skeleton arguments and other documents for HMRC.

Recent highlights include:

  • Advising on whether substantial lifetime gifts triggered a pre-owned assets tax charge or constituted gifts with reservation of benefit
  • Advising on claiming residential nil-rate band after the expiry of the two-year period
  • Advising on the grossing up for IHT purposes of a legacy to pay tax on settled property
  • Advising executors on the deductibility of liabilities for IHT purposes
  • Advising on and drafting a s.144 appointment from a nil-rate band trust
  • Drafting correspondence with HMRC
  • Drafting s.142 deeds of variation
  • Advising on IHT domicile issues
  • Assisting Georgia Bedworth in a matter involving CGT, corporate insolvency and cross-border issues

 

Partnerships and LLPs

James has extensive experience of partnership and LLP matters. During his pupillage he sat with renowned partnership practitioners Jeremy Callman and Jonathan Gavaghan.

Recent highlights include:

  • Appearing as junior counsel in the First-tier Tribunal (Tax Chamber) in 5-day trials concerning corporate partner tax avoidance schemes
  • Drafting a letter before claim in a partner exit dispute in a major professional services firm
  • Drafting advice concerning partnership property
  • Drafting written submissions for arbitration in a partnership dispute

Commercial Chancery

Recent highlights include:

  • Providing legal research, advice and drafting to a major financial institution on specialist trust and insolvency issues
  • Applying successfully for a vesting order under section 181 of the Insolvency Act 1986
  • Representing clients in winding up and bankruptcy petitions
  • Assisting in drafting an application notice and skeleton argument for setting aside service of a freezing order out of the jurisdiction
  • Representing a solicitor’s firm at a CCMC in a claim concerning unpaid legal fees

Charities

Recent highlights include:

  • Advising on whether a claim by a charity for an injunction constituted “charity proceedings” under s.115 of the Charities Act 2011
  • Advising on the inheritance tax implications of a gift to a community benefit society
  • Advising on charitable gifts in a will and CIO status

Qualifications


  • Bar Professional Training Course (Outstanding), City Law School (2017)
  • Graduate Diploma in Law (Distinction; Equity & Trusts Prize), City Law School (2016)
  • Princess Royal Scholarships, Inner Temple (BPTC and GDL)
  • DPhil in History, Balliol College, Oxford (2014)
  • MSt in History (Distinction), Balliol College, Oxford (2011)
  • BA in History (First Class – highest in university), Balliol College, Oxford (2010)

Associations & Memberships


  • Member of the Chancery Bar Association
  • Founding committee member of the Court of Protection Bar Association
  • Fellow of the Royal Historical Society

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.

James Kirby is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Council Ref 69244]. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/079] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. He is registered for VAT under the reference 304589790.

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