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James Poole

‘Has an excellent bedside manner with clients. His research and advice is spot on. He is a safe pair of hands. He will always go the extra mile.’
(Legal 500 2020)

James is regularly recommended for the quality of his legal analysis, his persuasive oral advocacy in court, the practicality of his advice, and his sensitive and responsive interaction with clients.

His 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.
  • Non-contentious private client work.
  • Commercial and contractual disputes, including arbitrations and interim applications such as freezing injunctions.
  • Partnership/LLP – both advisory and contentious work.
  • Court of Protection and associated litigation.
  • Charity law.
  • Landlord and Tenant issues – both residential and commercial, including pubs and licensed premises.
  • Property, including covenants, easements and boundary disputes.
  • Insolvency, both individual and company.

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.

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 mediator, and welcomes instructions as a mediator in any of the areas in which he practices.

James is recognised as a ‘pragmatic’ Rising Star in Private Client: Trusts and Probate in the Legal 500 2020.

Private Client: Contentious

James is regularly instructed in onshore and offshore contentious private client matters, often including complex and difficult family relationships.

Recent highlights include:

  • Inheritance disputes, including 1975 Act claims, including:
    • Re W: A complex dispute involving a derivative claim to set aside a lifetime transfer on the basis that it was procured by undue influence and/or breach of fiduciary duties.
    • Re R: A dispute focusing on the beneficial ownership and valuation of shares forming part of the deceased’s estate.
    • Re N: A claim for provision by two siblings in very difficult family
    • Re J: A claim for provision made by an estranged spouse who had been disinherited by the deceased’s will.
  • Contested probate proceedings, including:
    • T v W: a challenge to the validity of a will on the basis of undue influence, lack of knowledge and approval, and lack of formal validity.
    • Re J: a challenge to the validity of a will on the basis that the deceased lacked testamentary capacity when making his final will.
  • Applications to remove or pass over executors and trustees, including:
    • Robinson v Robinson [2018] EWHC (Ch): A three day high court trial focusing on the removal of the trustees of two trusts on the basis of a number of breaches of trust and breaches of fiduciary duty.
    • Ruhl v Ruhl [2018] EWHC (Ch): An application to pass over one of the executors of a will on the basis that her conduct had prevented the administration of the estate.
    • H v J: An application to remove a co-executor due to their conflict of interests arising from claims the estate had against them.
  • Advising in respect of trustee liability for breach of trust and breach of fiduciary duties, including in respect of offshore trusts in the Channel Islands and the Isle of Man.
  • Representing the family of one of the victims of the Universal Wealth Management scandal. Successfully obtained judgment, followed by wide-ranging freezing injunctions, orders for disclosure, Norwich Pharmacal Orders and Third Party Debt Orders in order to trace and recover the monies that had been unlawfully retained.
  • Crociani v Crociani: involved on behalf of the successful claimant in this long-running claim for breach of trust (led by Eason Rajah QC).

Recommendations


Has an excellent bedside manner with clients. His research and advice is spot on. He is a safe pair of hands. He will always go the extra mile.

The ‘pragmatic‘ James Poole is recognised as a rising star of the Bar.

Legal 500 2020

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)

For more information and advice

 

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

 

Pricing Policy

Unless otherwise agreed my Clerk will calculate my fees based on my current hourly rate. My rates are reviewed annually and details can be obtained from my Clerk. Once a rate is set for any particular case the hourly rate will only ever be adjusted with express agreement between my Clerks and those instructing me. All fees are subject to VAT at the prevailing rate where applicable.

Social links


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.

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