James is regularly recommended for the quality of his legal analysis, his persuasive advocacy in court, the practicality of his advice, and his sensitive and responsive interaction with clients.
He is ranked by Legal 500 for both Private Client: Trusts and Probate and Property Litigation, and by Chambers & Partners and Chambers HNW for his Traditional Chancery practice. His inter-disciplinary expertise means that much of his work concerns disputes involving multiple areas of law. This is reflected in some of his recent reported decisions, which include: Gohil v Kumara [2023] EWHC 1809 (Ch), Abdelnoor v Barker [2022] EWHC 1468 (Ch),Ware v Ware [2021] EWHC 694 (Ch) and Fantini v Scrutton [2020] EWHC 1552 (Ch).
James’ busy practice spans a number of Chambers’ key practice areas, and particularly focuses on:
- Probate, inheritance and trust disputes, including 1975 Act claims, trustee/executor removal and TLATA claims;
- Landlord and Tenant issues, both residential and commercial, including pubs and licensed premises;
- Property, including covenants, easements, nuisance and boundary disputes;
- Court of Protection applications, particularly concerning Property and Affairs;
- Charity law, including advising charitable trustees and disputes over charity property; and
- Commercial and contractual disputes, including arbitrations and interim applications such as freezing injunctions.
James is a skilled and highly effective advocate, who appears regularly in the High Court and County Courts. He also has significant experience of offshore litigation, particularly in the Channel Islands and the Isle of Man.
James is (with Sidney Ross) one of the authors of the Fifth Edition of Ross on Inheritance Act Claims.
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 is also a qualified and experienced mediator, and welcomes instructions as a mediator in any of the areas in which he practices.
Court of Protection
James is regularly instructed in matters involving the Court of Protection. This includes making and responding to applications in the Court of Protection, and acting on behalf of deputies and attorneys in other forms of litigation. James is regularly instructed to act and advise on behalf of the Official Solicitor.
Recent highlights include:
- Statutory will applications – both making applications and responding to them, including applications involving overseas assets and family members;
- Acting on behalf of professional deputies seeking possession of P’s property which was unlawfully occupied;
- Advising with regard to investments made by P’s attorneys;
- Advising on the use of assets held by deputies on behalf of P, including where other parties may have an interest in those assets and where conflicts of interests arise as a result of the deputy’s fiduciary obligations.
- Bringing and defending claims on behalf of protected parties in the High Court and County Court.
- Advising P’s litigation friend on the merits of claims that can be brought on P’s behalf; and
- Advising on the merits of settlement proposals affecting protected parties, and drafting and making applications to the Court for approval of settlements entered into on behalf of protected parties.
Recommendations
Qualifications
- 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)
Publications
- “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.