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James Kirby

James Kirby is a Chancery barrister with a particular interest in private client work (both contentious and non-contentious), Court of Protection and capital taxes.

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:

  • Appearing as junior counsel (led by Eason Rajah QC and Georgia Bedworth) in Hinduja v Hinduja [2020] EWHC 1533 (Ch) [2020] 4 WLR 93 (contested application for appointment of litigation friend)
  • Claims to remove executors under s.50 of the Administration of Justice Act 1985
  • Drafting skeleton arguments, witness evidence and summonses in offshore trust proceedings
  • Advising on merits, drafting evidence and drafting settlement agreements in claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Striking out a TOLATA claim over a family home as an abuse of process (and representing the client successfully on appeal)
  • 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

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
  • Member of the Court of Protection Bar Association
  • Fellow of the Royal Historical Society

Publications


James is an editor of the forthcoming edition of Williams on Wills (11th edn)

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.

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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