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Thomas James

Thomas accepts instructions across the full range of Chambers’ practice areas, with a focus on wills, trusts and estates, related taxation work, commercial and property litigation, and partnership and LLP disputes. He regularly appears in the High Court, including on successful applications for freezing and interim injunctions, alongside specialist experience in the First-tier Tribunal, Upper Tribunal and Court of Protection.

Thomas is equally happy acting led or unled and is often instructed against counsel considerably senior to him. He appeared as sole counsel in the Court of Appeal in Gorbachev v Guriev [2022] EWCA Civ 1270, [2023] 2 WLR 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.

Recent reported highlights include:

  • Del Curto v Del Curto – Cross-border succession (ongoing); led by Professor Jonathan Harris KC and Richard Dew. See [2023] EWHC 2106 (KB).
  • Executors of the estate of Linington and another v Revenue and Customs Commissioners [2023] UKFTT 89 (TC), [2023] WTLR 917 – Inheritance tax valuation of interests in settled property (ongoing); led by James Henderson. See also [2024] UKUT 00070 (TCC).
  • Gorbachev v Guriev [2022] EWCA Civ 1270, [2023] 2 WLR 1 Offshore trustee disclosure. See also [2023] EWCA Civ 327, [2023] 1 WLR 2457 and [2022] EWHC 1907 (Comm); led by Richard Dew.
  • Paul v Paul [2022] EWHC 1638 (Fam) – Acting for minor beneficiary in a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

Thomas also frequently represents individuals in court pro-bono, receiving both the ‘Pro Bono Champion Award’ from the Chancery Bar Litigant in Person Support Scheme (CLIPS), and recognition from Advocate for committing over 25 hours to pro-bono work in 2023.

Property

Thomas frequently acts and advises in property disputes, including Landlord & Tenant disputes and claims for the possession of land. His experience includes:

  • Proprietary estoppel claims.
  • Disputes concerning the occupation and co-ownership of land, including claims concerning trusts of land, powers of sale, resulting trusts, and common intention constructive trusts.
  • Mortgages, charges (including charging orders) and obtaining orders for sale, including under the Trusts of Land and Appointment of Trustees Act 1996.
  • Claims concerning the existence and extent of easements, including easements acquired by prescription.
  • Claims concerning the existence of leases/licenses.
  • Landlord & Tenant disputes, concerning disrepair, service charges, claims to recover arrears, claims against guarantors, and claims under the Commercial Rent (Coronavirus) Act 2022.
  • Applications for leasehold extensions, enfranchisement, and variation, including appearing before the First-tier Tribunal Property Chamber (Residential Property).
  • Possession claims of both residential and commercial premises, including against trespassers.

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

Publications


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


Seminars & Webinars


Breakfast Briefings 2023

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.

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