Skip to content

James MacDougald

"His technical knowledge is very good and he gets to grips with things very quickly. Even though he is a young junior, he really inspires confidence in solicitors and clients. He is very thoughtful in his approach and never shy to give his opinion on matters."
(UK Bar 2018: Chancery Traditional)

James MacDougald has a general Chancery practice including litigation, advice and drafting in all of Chambers’ core disciplines. He has particular experience of private client work and advises regularly on wills, trust and estate administration, capital taxation, Court of Protection matters, contentious trust and inheritance disputes and family provision claims.

As a litigator, James appears in trust and estate disputes both as sole counsel and as part of a team. He also undertakes property, insolvency and general commercial litigation in the High Court and the County Court. While the majority of his cases are litigated in the English courts, he has also recently been instructed in trust disputes in Jersey, Bermuda and the Bahamas.

Before coming to the Bar, James worked as an assistant editor at the Daily Telegraph.

 

Practice Areas


Private Client: Contentious

James has a busy contentious practice in trust and estate litigation.

Reported Cases:

  • Dawson-Damer v Taylor Wessing [2017] EWCA Civ 74: Data Protection Act and trusts.
  • Shergill & Ors v Khaira & Ors [2017] EWHC 769 (Ch): Dispute over trusteeship of Sikh temple
  • Bathurst & Anor v Bathurst & Ors (Rev 1) [2016] EWHC 3033 (Ch): Variation of trusts application
  • The Longleat litigation [2016]: Junior counsel for the continuing trustees in a contested application to remove trustees.
  • Davidson v Seelig [2016] EWHC 549 (Ch): Junior counsel for the trustees in a late application to amend concerning the locus standi of trust protectors.
  • G v G [2016] EWHC 2587 (Ch)

Private Client: Non-Contentious

James frequently advises on non-contentious matters relating to trusts, estates and associated taxation. His recent work includes:

  • Advice on the partitioning of a trust
  • Advice on proving a disputed will
  • Advice on the application of consumer credit rules for inter-trustee loans
  • Advising on and drafting an application to widen trustees’ power of investment under s. 57, Trustee Act 1925

Capital Taxes

James regularly advises trustees and individuals on inheritance tax and capital gains tax. His recent work in this area includes:

  • Advising on the inheritance tax consequences of revocation and appointment of trust property
  • Advising on the new residence nil-rate band rules
  • Advising on non-resident capital gains tax on a property sale.

Court of Protection

James accepts instructions in Court of Protection matters, particularly in relation to property and affairs. He has recently advised on the procedure for statutory will applications.

Property

James accepts instructions in real property and landlord and tenant matters and has experience of possession proceedings.

Recommendations


“His technical knowledge is very good and he gets to grips with things very quickly. Even though he is a young junior, he really inspires confidence in solicitors and clients. He is very thoughtful in his approach and never shy to give his opinion on matters.”

Chambers UK 2018 - Chancery: Traditional ('Up and Coming')

“Even though he is a young junior, he really inspires confidence in solicitors and clients. He is very thoughtful in his approach and never shy to give his opinion on matters.” Another source notes that “he is wonderful and really knows his stuff.”

Chambers HNW 2017 - Chancery: Traditional ('Up and Coming')

Qualifications


  • Bar Professional Training Course (Outstanding), College of Law (2011)
  • Graduate Diploma in Law (Commendation), College of Law (2010)
  • BA (First Class), University of York (2009)

Associations & Memberships


  • Chancery Bar Association

Publications


James is an author of Williams on Wills (10th ed.) and a contributor to the TolleyGuidance series on Inheritance Tax Planning.

Recent published articles:

Speaking Engagements


James regularly gives talks on private client matters and has presented seminars on family trusts, inheritance tax (in particular, the residence nil-rate band), intestate succession, offshore trusts, rescission and rectification of trust instruments and tax planning in the Court of Protection.

For more information and advice

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

Awards


  • Hardwicke Award, Lincoln’s Inn (2010)
  • Buchanan Prize, Lincoln’s Inn (2011)

James MacDougald is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with The Bar Standards Board [Bar Ref 22569] and is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/071] 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 170343630.

Barrister Portfolio
Barristers / Name Call CV Email

Remove All


Click here to email this list of barristers to a colleague.