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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.

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)

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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