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.
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.
” a rising star in the traditional chancery market, and is regularly instructed in trusts, wills, probate and Inheritance Act claims. He has a growing offshore and cross-border practice. “James MacDougald is very impressive. His cross-examination of witnesses and thoroughness is admired. He quickly gets to grips with the key issues and advises pragmatically and strategically. He has a very personable touch with clients who are just as impressed with his advocacy. He is easy to deal with,” enthuses one source.
HNW Guide 2019 - Up and Coming
“Very young but already very accomplished in his field, he has excellent technical skills and is always strong and forthright in his opinions.” “He gets very involved in cases and fights tenaciously for the client.”
Chambers UK 2019 - Chancery
“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
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
“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
- 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 regulated by 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.