Thomas joined Chambers as a tenant in October 2021, following the successful completion of his pupillage. He sat with Jeremy Callman, Richard Dew, Georgia Bedworth, Naomi Winston and James MacDougald, gaining experience in all of Chambers’ core practice areas.
He is now building a broad chancery practice, incorporating a range of advisory work, litigation and arbitration. Thomas regularly appears in the High Court and County Court, alongside gaining experience in more specialist courts such as the First-tier tribunal (Tax chamber) and the Court of Protection. He is equally happy acting led or unled and is often instructed against counsel considerably senior to him. He recently appeared as sole counsel in the Court of Appeal in Gorbachev v Guriev [2022] EWCA Civ 1270, [2023] 2 W.L.R. 1.
Before joining Chambers, Thomas worked in the Court of Appeal (Civil Division) as Judicial Assistant to the Rt. Hon. Lord Justice Patten. He has tutored extensively in trusts law and now writes for Practical Law on a range of topics.
Examples of reported decisions include:
Executors of the estate of Linington and another v Revenue and Customs Commissioners [2023] UKFTT 89 (TC) (Inheritance tax valuation of interests in settled property)
Gorbachev v Guriev [2022] EWCA Civ 1270, [2023] 2 W.L.R. 1 (Offshore trustee disclosure)
Paul v Paul [2022] EWHC 1638 (Fam) (Acting for minor beneficiary in a claim under the Inheritance (Provision for Family and Dependants) Act 1975)
Practice Areas
Thomas regularly acts in contentious wills, probate, trusts and estate matters. He has particular experience advising on challenges to the validity of wills and has worked on many claims under the Inheritance (Provision for Family and Dependants) Act 1975. He has experience advising both estates and beneficiaries, including recent trial experience in the High Court.
Thomas also has substantial experience in claims for breach of trust, the removal of trustees and related professional negligence claims, including White v Jones type cases and tax negligence.
Thomas has significant experience advising on the administration of trusts and estates, construction and related capital taxes issues, and capital taxes planning. He is well versed in applications for rectification/rescission and post-death variations and has assisted in the making of several applications under the Variations of Trusts Act 1958.
Before coming to the Bar, Thomas tutored extensively in trusts law.
Thomas is regularly instructed to advise on capital tax issues arising in the administration of trusts and estates. He also has experience assisting in claims involving negligent advisors, including those with an offshore element.
Thomas frequently advises on property disputes, with particular experience in trusts of land disputes, proprietary estoppel and claims concerning the co-ownership of land.
Before coming to the Bar, Thomas tutored extensively in trusts and land law.
Thomas is regularly instructed in Landlord & Tenant disputes, including both commercial and residential possession claims and claims for the recovery of rent arrears.
Commercial & Business Disputes
Thomas takes instructions in the full range of commercial and contractual disputes, with successful recent experience on injunction applications in both the County Court and High Court. He also has recent experience assisting in High Court cases concerning civil fraud, contempt of court and the successful application for a freezing injunction.
Thomas has a keen interest in Court of Protection work, with expertise in property & affairs issues. He has recent experience in applications concerning attorneys/deputies and has assisted on a particularly complex and high-value property and affairs dispute.
Thomas is a Court of Protection Bar Association member and writes for Practical Law on Court of Protection matters.
Thomas is developing a busy practice in both contentious and non-contentious partnership and LLP matters. He has considerable experience assisting in drafting members’ agreements and advising on internal issues such as partner exits, team moves and restructuring.
He is a member of the Association of Partnership Practitioners and writes for Practical Law on partnership matters.
Thomas has experience assisting with several professional negligence claims, with particular expertise in White v Jones type cases, claims against trustees/executors, and tax negligence cases involving offshore elements.
Thomas has experience advising and acting in both corporate and personal insolvency cases. He has particular expertise in personal insolvency matters and is regularly instructed concerning the presentation of bankruptcy petitions.
Qualifications
- BPP Law School – Excellence Award
- The Honourable Society of the Middle Temple – Diplock Scholarship
- The Honourable Society of the Middle Temple – Certificate of Honour
- BPP Law School, London – Bar Professional Training Course, Outstanding
- BPP Law School, London – Graduate Diploma in Law, Distinction
- University of Exeter – BA (Hons) History with Study Abroad, First Class
Associations & Memberships
- Chancery Bar Association
- Contentious Trusts Association
- Court of Protection Bar Association
- Association of Partnership Practitioners
Thomas James is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Council Ref 70491]. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/082] 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 386587924.
