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.
James has a busy contentious practice in trust and estate litigation.
- Dawson-Damer v Taylor Wessing  EWCA Civ 74: Data Protection Act and trusts.
- Shergill & Ors v Khaira & Ors  EWHC 769 (Ch): Dispute over trusteeship of Sikh temple
- Bathurst & Anor v Bathurst & Ors (Rev 1)  EWHC 3033 (Ch): Variation of trusts application
- The Longleat litigation : Junior counsel for the continuing trustees in a contested application to remove trustees.
- Davidson v Seelig  EWHC 549 (Ch): Junior counsel for the trustees in a late application to amend concerning the locus standi of trust protectors.
- G v G  EWHC 2587 (Ch)
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
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.
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.
James accepts instructions in real property and landlord and tenant matters and has experience of possession proceedings.
“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.”
HNW 2018 Guide - Chancery: Traditional (Band 1) - London Bar
Commentators say that James MacDougald is ‘ “a highly rated junior” who is “already very accomplished in this field.”
He deals with all aspects of chancery work, including will, trust and inheritance disputes. “He is very cerebral and he is shaping up to a really excellent technical lawyer,” reveals one source, who continues: “He thinks through things deeply and always comes back up with very practical advice.”
Another interviewee says: “He is brilliant at dealing with counsel on the other side. He gets very involved in cases and fights tenaciously for the client.” ‘
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')
- 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
Recent published articles:
- Dawson-Damer v Taylor Wessing: The practical implications, March 2017
- “Changes to the UK taxation of non-doms“, Lawskills, December 2016
- “Long arm of the law: the English court’s power to vary foreign trusts”, Trusts and Trustees
- “Standing on thin ice: court applications by trust protectors“, Lawskills, April 2016
- “Crociani: the proper forum for trust disputes”, Journal of International Tax, Trust and Corporate Planning, 2015, Vol 22, Issue 2
- “Have you made a serious mistake”, Lawskills, August 2015
- “The bell is tolling for pilot trusts”, Lawskills, March 2015
- “Can the proceeds of a life insurance policy be clawed back in 1975 Act Claims?”, Lawskills, October 2014
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.
- 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.