James Kirby is a Chancery barrister with experience across all areas of Chambers’ expertise including Private Client (Contentious and Non-Contentious); Capital Taxes; Court of Protection; and Property.
James appears regularly in the High Court and County Court, and has also appeared in the First-tier Tribunal (Tax Chamber) and the Court of Protection. He is equally happy being instructed on his own account or as a junior within a wider team.
Before becoming a barrister, James was a Research Fellow in History at Trinity College, Cambridge.
Private Client: Contentious
James’ experience includes:
- 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)
- Appearing as junior counsel (led by Eason Rajah QC and Georgia Bedworth) at an interim hearing regarding the appointment of a litigation friend and privacy orders in a high-value family property dispute
- 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
- 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
- Member of the Court of Protection Bar Association
- Fellow of the Royal Historical Society
‘Tax Planning in the Court of Protection’, Lawskills (Sep. 2018)
James has also published a number of articles in leading historical journals and a book (on 19th-century religious history) with Oxford University Press.
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.