James Poole joined chambers in October 2017 following the successful completion of his pupillage, where he sat with Richard Dew, Jonathan Gavaghan, Jeremy Callman, Georgia Bedworth and Naomi Winston.
James has experience across the full spectrum of Chambers’ work, including: probate, inheritance and trust disputes, partnership matters, Court of Protection work, insolvency, property and Landlord and Tenant issues, and is available to accept instructions in all areas of work undertaken by Chambers. He is instructed and appears regularly in his own right in the High Court and County Court, and is very happy acting as part of a team.
Before coming to the Bar, James taught at secondary and tertiary level in England and Vanuatu, and is equally comfortable being instructed in both English and Bislama.
James has experience across a broad range of commercial chancery matters; recent experience includes:
- Insolvency – both personal and company. James appears regularly in the Winding Up Court, including making applications to rescind winding up orders;
- Conducting public examinations of a Bankrupt under s.366 of the Insolvency Act 1986;
- Advising in shareholder and share valuation disputes;
- Seeking interim relief, including freezing injunctions, interim injunctions and orders for disclosure;
- Successfully gaining summary judgment and indemnity costs in a long-running commercial dispute.
James has significant experience of contentious private client matters, including:
- Inheritance disputes, including 1975 Act claims;
- Contested probate proceedings, including a challenge to the validity of a will on the basis of undue influence, lack of knowledge and approval, and lack of formal validity;
- Applications to remove executors and trustees;
- Applications under s.116 and s.123 of the Senior Courts Act 1981.
James gained substantial experience of Partnership and LLP matters during pupillage, especially during his time sitting with Jeremy Callman, Jonathan Gavaghan and Naomi Winston. He has worked on a large number of Partnership and LLP disputes, for both firms and individual partners, including:
- Expulsion and compulsory retirement (both in an advisory capacity and after disputes have arisen);
- Drafting and updating partnership and LLP agreements;
- Advising on the enforceability of restrictive covenants;
- Part 8 claims for declaratory relief;
- Disputes involving solicitors’ firms, hedge funds, medical practices, farms, and family investment partnerships.
James has significant experience of non-contentious private client matters, including:
- Variation of Trusts applications;
- Construction and rectification of wills and trusts;
- Advising on the taxation of estates, particularly in relation to inheritance tax planning.
James has substantial experience in Property and property-related matters and is regularly instructed on behalf of landlords and trustees in relation to residential and commercial property disputes.
Recent experience includes:
- Robinson v Robinson  EWHC (Ch), a three day high court trial involving disputes over the development, sale and trusteeship of valuable agricultural land in Cambridgeshire held in two separate trusts.
- Commercial property claims involving service charge disputes and breach of covenants; James is regularly instructed on behalf of one of Britain’s largest breweries to deal with the landlord and tenant issues arising from the 1000+ pubs they own.
- Numerous residential property claims, variously involving: complex offshore ownership arrangements, TOLATA disputes, disrepair, unlawful eviction, rent arrears and conversion.
- Advising and acting in possession claims against both tenants and licensees, including tenants of charitable trusts and licensees of Almhouse charities.
- Successfully defending a claim for possession against LPA receivers appointed by a mortgagee.
James gained broad experience of Court of Protection matters during pupillage, especially during his time sitting with Georgia Bedworth, Naomi Winston and Richard Dew. He gained particular experience of:
- Statutory will applications;
- Advising with regard to investments made by P’s attorneys;
- Deputy and attorney liability.
- Bar Professional Training Course (Outstanding), City Law School (2016)
- Buchanan Prize, Lincoln’s Inn (2016)
- Lord Denning Scholarship, Lincoln’s Inn (2016)
- Graduate Diploma in Law (Commendation), City Law School (2015)
- Hardwicke Award, Lincoln’s Inn (2015)
- Lord Bowen Scholarship, Lincoln’s In (2015)
- MA Modern History, University of Oxford (2009)
- “Persons Unknown”, New Law Journal, 21 November 2014 (with Tim Lawson-Cruttenden)
James Poole is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Council Ref 67708]. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/077] 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 278659634.