James Egan

"He is unbelievably bright and can always find answers even in murky issues or complex areas of law. He is just very pleasant to deal with and meticulous in his preparation as well."

Chambers HNW 2025

Associations & Memberships

Contentious Trusts Association (‘ConTrA’)
Chancery Bar Association

Education & Qualifications

MA, Downing College, University of Cambridge (2018)
Bar Professional Training Course (Outstanding), BPP University (2015)
BA Law (Double First Class), Downing College, University of Cambridge (2014)

James has been awarded several academic prizes for academic performance including:

Hubert Greenland Pupillage Award, 2015 – Lincoln’s Inn
Buchanan Prize, 2015 – Lincoln’s Inn
Graduating Scholar, 2014 – Downing College, University of Cambridge
Senior Harris Scholarship, 2014 – Downing College, University of Cambridge
Platt Prize for Especial Distinction in University & College Examinations, 2014 – Downing College, University of Cambridge
Clifford Chance CJ Hampson Prize 20 June 2014
Lord Denning Scholarship, 2014 – Lincoln’s Inn
Excellence Award, 2014 – BPP Law School
James William Squire Scholarship, 2013 – Faculty of Law, University of Cambridge
Hardwicke Entrance Award, 2013 – Lincoln’s Inn
Harris Scholarship, 2013 – Downing College, University of Cambridge
Seton-Cavendish Award – Downing College, University of Cambridge

Regulatory Information

James Egan is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Ref 66449] and governed by the Conduct Rules of the Bar of England and Wales. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/078] to provide legal services, please refer to the BMIF website for full details of the cover provided. He is registered for VAT under the reference 256487860.

James is a specialist chancery barrister with nearly a decade of experience, recognised for handling complex, high-value disputes across the full spectrum of private client, trusts and estates, commercial, property, charities, and Court of Protection work. Ranked as “Up and Coming” in Chambers High Net Worth 2025 (Chancery: Traditional), shortlisted for the 2025 “Star Junior” award, and appointed to the prestigious Attorney General’s London B Panel of Junior Counsel to the Crown for a five-year term from 1 September 2025, he is widely acknowledged for his strategic insight, technical precision, and sound judgment.

He is regularly instructed by leading firms on matters requiring both rigorous legal analysis and practical, commercial judgment. This has included several high-profile and reported cases, such as Re A Company [2022] EWHC 943 (Ch), Royal Commonwealth Society for the Blind v Beasant [2021] EWHC 351 (Ch), and Harbour Fund III LP v Kazakhstan Kagazy PLC [2021] EWHC 1128 (Comm).

Solicitors frequently praise his clear, pragmatic advice, calm and persuasive advocacy, and ability to deliver practical, solution-focused guidance even in the most challenging matters. Particularly in cases involving children and vulnerable/protected parties, James ensures his approach is adapted to the personal and emotional dimensions of each case, ensuring that such individuals are robustly represented.

Before joining the bar, James achieved a Double First from Downing College, University of Cambridge, and an ‘Outstanding’ on the Bar Professional Training Course. He has received multiple scholarships and prizes in recognition of his academic achievements.

James is a member of the Chancery Bar Association and the Contentious Trusts Association.

Expertise

Contentious Trusts & Estates

Will & Probate Disputes

James has significant experience acting in contentious will/probate matters, and regularly advises executors, beneficiaries, and interested third parties in claims concerning the validity of wills, and the succession to, and administration of, estates. He is frequently instructed at all stages of litigation, from initial advice and pre-action strategy to mediation and contested hearings. His work includes:

Challenging the validity of wills on grounds such as lack of testamentary capacity, want of knowledge and approval, undue influence, and fraudulent calumny;
Applying to remove final caveats by originating summons;
Bringing and defending section 116 Senior Courts Act 1981 applications to pass over executors;
Acting in construction and rectification claims on behalf of beneficiaries;
Advising in claims to remove or defend personal representatives, both domestic and offshore;
Bringing claims to compel trustees to transfer estate assets to absolute beneficiaries;
Applying for accounts and inventories in estate administration;
Advising on possession proceedings for properties forming part of an estate;
Investigating and advising on lifetime transactions procured by undue influence or non-compliant LPAs;
Advising on survivorship and the treatment of joint accounts;
Applying to rectify corporate registers and reconstitute boards after the death of sole shareholders;
Obtaining Cobden-Ramsay v Sutton and analogous orders to overcome stalemates where there are unissued but intimated claims; and
Resolving objections to final estate accounts and securing court approval for distributions.

He is also experienced in advising on offshore disputes, including a recent trustee removal application in the Isle of Man.

Family Provision Claims

James is frequently instructed in Inheritance (Provision for Family & Dependents) Act 1975 claims, advising claimants (of all categories), beneficiaries and executors at all stages from pre-action to final hearing. His practice covers estates of all values, from modest to multi-million pound estates.

Prior to joining Ten Old Square, James enjoyed pupillage at 1 King’s Bench Walk, a leading ‘Band 1’ divorce chambers, which gave him a specialist understanding of the mechanics and principles applied in the divorce context. This places him in an unrivalled position to be able to advise upon the application of the ‘divorce fiction’ under section 3(2) in spousal/civil partnership 1975 Act claims.

James’s experience includes:

Advising and representing spouses, former spouses, cohabitants, children, and dependants under the 1975 Act;
Using his specialist understanding of financial remedy principles, applying and resisting the section 3(2) ‘divorce fiction’ in claims brought by spousal claimants;
Bringing claims where joint assets have passed by survivorship, and recovering the same into the estate under section 9;
Advising on whether pension death benefits fall within the estate under section 8;
Advising on, drafting and reviewing Deeds of Variation and Deeds of Settlement;
Evaluating settlement offers and preparing counteroffers in a commercial and strategic manner; and
Applying for court approval of compromises under CPR 21.10 where minor or protected beneficiaries are involved

James is willing to consider acting under Conditional Fee Agreements in appropriate cases.

Trusts

James has a broad trusts practice, and is regularly instructed in disputes concerning the administration and enforcement of will trusts, express trusts (including discretionary trusts), constructive and resulting trusts, and trusts of land. His work in this area includes:

Bringing and defending TOLATA claims, including claims for occupation rent, equitable accounts, and enhanced beneficial interests under section 37 Matrimonial Proceedings and Property Act 1970;
Advising and acting in claims for removal or substitution of trustees;
Advising and acting in claims concerning allegations of breach of trust/fiduciary duty, including seeking an equitable allowance by way of defence;
Advising on surplus proceeds of sale held by mortgagees under section 63 Trustee Act 1925;
Interpreting and advising on the operation of discounted discretionary gift trusts in wills;
Advising on equitable tracing and restitutionary remedies for misapplied trust funds;
Advising on non-charitable purpose trusts and applicable perpetuity periods; and
Advising on entitlement to trust assets where the trust has failed or is void ab initio

James offers a precise and solutions-led approach, particularly valued in technically complex or sensitive trust structures.

Private Client (Non-Contentious)

James is regularly instructed by personal representatives, trustees, beneficiaries and other interested parties across a wide range of non-contentious private client matters. His practice covers the full spectrum of trust and estate administration, will-drafting, and tax planning. He combines technical precision with a practical, client-focused approach. His experience includes:

Advising on the interpretation, effect, and construction of wills and trusts;
Advising trustees and personal representatives on the scope, exercise, and delegation of fiduciary powers;
Drafting trust documents, including declarations of trust, deeds of appointment, advancement, and retirement;
Drafting wills, including complex testamentary structures and tax-efficient provisions;
Advising on and drafting post-death deeds of variation and deeds of appointment to mitigate inheritance tax;
Preparing applications by trustees and executors for directions under the court’s supervisory jurisdiction;
Preparing and advising on applications under section 57 Trustee Act 1925 to extend administrative powers;
Advising on the day-to-day administration of estates and trusts, including complex estates with cross-border assets;
Advising on and acting in cases of professional negligence in trust and estate drafting or administration, including rectification and rescission;
Advising on and preparing section 116 Senior Courts Act 1981 passing-over applications;
Applying for formal accounts and inventories of estate assets; and
Drafting a range of non-contentious instruments including Deeds of Assent, Deeds of Disclaimer, and Deeds of Appointment

He also acts in offshore matters, most recently advising in a trustee removal application in the Isle of Man.

Trusts

James advises and acts in all forms of trust matters, spanning both contentious and non-contentious issues. His practice includes express, implied, discretionary and will trusts, and he is frequently instructed in disputes between trustees and beneficiaries, as well as in technical advisory roles. His work in this area includes:

Advising on parties’ rights and remedies under TOLATA, equitable accounts, section 37 of the Matrimonial Proceedings and Property Act 1970, and general trust law;
Advising on the administration, interpretation and modification of discretionary trusts, including Discounted Discretionary Gift trusts;
Advising on equitable tracing and recovery of misapplied trust property;
Advising on non-charitable purpose trusts and their enforceability;
Advising on the perpetuity period and other rules limiting trust duration;
Advising on beneficiary entitlement where the trust has failed or is void ab initio;
Drafting trust instruments and related documentation, including Deeds of Variation, Disclaimer, Appointment, and Retirement

James offers a precise and solutions-led approach, particularly valued in technically complex or sensitive trust structures.

Charities

James is regularly instructed in matters involving charities, particularly where charitable gifts in wills intersect with estate administration, construction disputes, or issues arising from the failure or misidentification of charitable beneficiaries. He advises both charities and other interested parties in probate, trust and Court of Protection contexts, often where the legal identity or continued existence of the intended charity is in doubt. The nature of his expertise means that he is regularly instructed in high-value and complex cases involving charities, including reported decisions such as Beasant v Royal Commonwealth Society for the Blind [2022] EWHC 1319 (Ch). His experience in this area includes:

Advising trustees on the merits and strategic considerations of compromising will disputes involving charitable gifts;
Advising on the construction and validity of testamentary gifts to charities, including conditional, residuary and use/purpose-specific gifts;
Advising on failed charitable gifts, including circumstances where the named charity had ceased to exist, never existed or was misdescribed; and
Advising on the application of the cy-près doctrine and routes to redirect charitable gifts where the original purpose cannot be fulfilled.

James is particularly well placed to advise on the technical and practical challenges that arise where charitable giving intersects with contentious estates.

Property

Landlord & Tenant

James has significant expertise across the full spectrum of landlord and tenant law, advising and representing both landlords and tenants in a wide range of residential, commercial, and specialist tenancy disputes. He is adept at navigating complex possession claims under the Housing Act 1988, rent reviews, lease renewals under the Landlord & Tenant Act 1954, and contentious business tenancy issues. His thorough knowledge of tenancy protections, termination procedures, and breach disputes ensures clients receive clear, commercially sensible advice. James also regularly handles claims involving tenancy deposit recovery and compliance, discrimination defences under the Equality Act 2010, and exceptional hardship postponements. His wider experience in this area includes:

Residential landlord and tenant and/or licensee possession claims, particularly under section 8 and 21 of the Housing Act 1988, as well as in rent increases before the County Courts and First Tier Tribunal;
Commercial landlord and tenant matters (both unprotected and protected under the Landlord & Tenant Act 1954), particularly contested and uncontested leasehold renewal claims, and drafting all associated documentation (including Notices to Quit, section 25 and section 26 notices, and all court related documentation);
Enforcing and resisting alleged breaches of residential and business tenancy agreements relating to rent, service charge, other monetary arrears, covenants for quiet enjoyment, permitted use agreements, and/or repair/maintenance obligations;
Resisting residential possession claims based on alleged discrimination arising from disability (s15 Equality Act 2010), alleged indirect discrimination (s19 Equality Act 2010), and postponement of possession for exceptional hardship;
Recovery of residential tenancy deposits and financial penalties for failure to register the same under sections 212-215 of the Housing Act 2004;
Claims for a new residential tenancy pursuant to section 42 of the Leasehold Reform, Housing and Urban Development Act 1993;
Claims for an ‘acquisition order’ under Part III of the Landlord & Tenant Act 1987;
Advising the landlord of a residential property on termination of a long residential lease where the Deceased had died with no known next of kin or personal representatives.

Real Property

Beyond landlord and tenant matters, James has a strong track record in wider real property disputes and transactions, including trusts of land, conveyancing disputes, easements, mortgages, and property rights. He advises on and drafts claims under TOLATA for beneficial interests and occupation, applications for orders for sale, and complex Land Registry applications, including adverse possession and acquisition of freehold land. He frequently represents clients in possession claims and charging order applications, mortgagee enforcement actions, and disputes involving breach of fiduciary duties and unfair relationship claims under the Consumer Credit Act 2006. His experience includes:

Trespass to land and nuisance;
Claims for a declaration of an interest and/or quantification of an interest in property under TOLATA;
Claims for occupational rent, equitable account and/or enhanced beneficial interests under section 37 of the Matrimonial Proceedings and Property Act 1970;
Orders for sale of property;
Applications to the Land Registry for prescriptive easements;
Applications to the Land Registry for acquisition of freehold garden land;
Applications to the Land Registry based on adverse possession;
Claims involving the construction and enforcement of pre-emption rights;
Possession claims and trials of all kinds, and handling defences based on alleged discrimination arising from disability (s15 Equality Act 2010), alleged indirect discrimination (s19 Equality Act 2010), and postponement of possession for exceptional hardship;
Obtaining and resisting Interim and Final Charging Orders;
Claims involving payment by a mortgagee-in-possession of surplus proceeds of sale into Court pursuant to section 63 of the Trustee Act 1925;
Resisting allegations against mortgagees for breach of common law and equitable duties associated with the sale of a residential property at an undervalue, and declarations of unfair relationship and other relief under the Consumer Credit Act 2006;
Claims involving escheat and rights following dissolution of a company and disclaimer;
Business rates avoidance schemes and subsequent applications to set aside liability orders.

Personal Property / Chattels

James also specialises in personal property/chattels disputes, representing clients in claims involving bailment, trespass to goods, conversion, and tortious interference. He advises on and litigates claims under the Sale of Goods Act 1979, Supply of Goods and Services Act 1982, Consumer Rights Act 2015, and Consumer Contracts Regulations, ensuring robust protection of clients’ rights in goods and services transactions.

His experience includes:

Bailment, trespass to goods, conversion and other Torts (Interference with Goods) Act 1977 claims; and
Claims involving disputes arising out of the Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Court of Protection

James specialises in advising and representing parties in complex applications before the Court of Protection. Instructed by both individual parties and the Official Solicitor, he is recognised for his sensitive, pragmatic, and solution-focused approach that helps narrow issues and encourages early compromise wherever possible.

His experience includes:

Applications to revoke Lasting Powers of Attorney and remove Attorneys, including cases alleging misconduct;
Applications to remove Deputies, including on grounds of misconduct;
Applications to approve statutory wills on behalf of P;
Applications to appoint Interim Deputies;
Leading a complex Financial Dispute Resolution hearing involving a multi-million pound estate and multiple company and trust structures;
Advising beneficiaries and personal representatives on the Code of Practice for LPA Attorneys, particularly regarding inter vivos gifts and dispositions.

James is also experienced in obtaining freezing injunctions and other interim relief in the High Court against Attorneys or Deputies accused of misapplying P’s funds, both during P’s lifetime and in post-death disputes relating to the estate. His expertise extends to managing the subsequent substantive claims arising from these disputes.

Commercial & Business Disputes

Civil Fraud & Asset Recovery

James has considerable experience in dealing with civil fraud and asset recovery matters both in terms of urgent injunctive relief as well as substantive Part 7 claims for final relief. As the nature of such civil fraud and asset recovery cases often necessitate extensive disclosure, James is fully familiar with advising on and seeking pre-action disclosure orders under CPR 31.16, specific disclosure orders under CPR 31.12, and non-party disclosure orders under CPR 31.17 (particularly Norwich Pharmacal Orders) to assist in locating, identifying and recovering misappropriated assets.

James’s experience in this area includes:

Advising on asset ‘tracing’ and other equitable relief;
Obtaining worldwide freezing orders;
Obtaining worldwide proprietary injunctions;
Obtaining and defending other interim injunctive relief;
Obtaining pre-action disclosure orders against potential parties;
Obtaining pre-action non-party disclosure orders against firms of solicitors;
Seeking Norwich Pharmacal disclosure orders against third party banks;

James has a particular interest in the ‘overlap’ between the civil jurisdiction to make freezing orders/injunctions, and the complementary jurisdiction in the Criminal Courts to make account freezing orders/restraint orders under the Proceeds of Crime Act 2002. In this regard, James has experience of cases where civil freezing orders/proprietary injunctions are sought by one party against the backdrop of restraint orders already obtained by a different third party.

Once final relief has been obtained via Part 7 proceedings, James is also regularly instructed at an enforcement stage and thus he is fully familiar with seeking, amongst other things, charging orders over property, and transfers of legal title.

Commercial Disputes

James handles a broad range of commercial disputes. Notably, in Harbour Fund lll LP v Kazakhstan Kagazy Plc [2021] EWHC 1128 (Comm) James, led by Rupert D’Cruz KC, successfully defended a complex multi-million dollar claim against a $300 million judgment involving contractual interpretation, alleged variation, alleged agency/authority, and alleged unjust enrichment/restitution. His wider commercial experience includes:

Obtaining worldwide freezing and proprietary injunctions, Norwich Pharmacal orders, interim injunctions and orders for disclosure (including in respect of judgments obtained abroad);
Advising banks, credit providers and clients on claims arising out of the Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
Handling bailment, trespass to goods, conversion and other Torts (Interference with Goods) Act 1977 claims;
Advising on agency agreements and the authority of agents;
Dealing with claims concerning guarantees and indemnities;
Advising on and representing parties in Consumer Credit Act 1974 claims;
Advising on jurisdictional disputes (forum and choice of law) arising from international supply contracts;
Drafting and advising on claims involving Quistclose trusts and statutory trusts (for example, under the Estate Agents Act 1979);
Advising and drafting unjust enrichment and restitution claims;
Reviewing, drafting, and advising on commercial contractual terms and renewals.

Company

James enjoys advising and representing parties in all aspects of company disputes. His experience in this area includes:

Winding-up proceedings (including by contributories);
Unfair prejudice petitions under section 994 of the Companies Act 2006;
Applications for relief from liability for directors under section 1157 of the Companies Act 2006;
Advising and drafting corporate governance documentation (including resolutions, minutes of meetings, and amendments to Articles of Association); and
Assisting in complex derivative claims, including in the High Court trial of Bhullar v Bhullar & Ors [2017] EWHC 407 (Ch) concerning directors’ duties, the Re Duomatic principle, limitation issues, and statutory directors’ relief under section 1157 of the Companies Act 2006.

Insolvency

James has extensive experience in the full spectrum of insolvency matters, and and is regularly instructed in proceedings nationwide. His expertise in this specialist field includes reported cases such as Re A Company [2022] EWHC 943 (Ch), and Harbour Fund lll LP v Kazakhstan Kagazy Plc & Others [2021] EWHC 1128 (Comm). In the latter, James, led by Rupert D’Cruz KC, successfully defended Kazakhstan Kagazy JSC in a complex dispute involving claims to a $300 million judgment involving the authority of an insolvency practitioner under Kazakh insolvency law.

His broader insolvency experience includes:

Representing a defendant director in a multi-day High Court misfeasance trial with allegations of transactions at an undervalue and/or preferences claimed in the hundreds of thousands of pounds;
Drafting, obtaining and defending winding-up petitions against domestic and international companies, insolvent partnerships under the Insolvent Partnerships Order 1994, and/or the winding-up of LLPs under s14 LPPA 2000 and the LPP Regulations 2001;
Securing and resisting injunctions to restrain presentation and/or advertisement of winding up petitions (including relying upon the temporary restrictions on presenting winding-up petitions during the coronavirus pandemic under the Corporate Insolvency and Governance Act 2020, and then the Commercial Rent (Coronavirus) Act 2022));
Applying to rectify the register of members and appoint directors following the death of the sole director/shareholder of a ‘Model A’ Articles company;
Advising on and obtaining orders to re-vest the family home following bankruptcy where the automatic re-vesting did not occur;
Obtaining extensions of company administrations and validation orders for payments following petitions;
Setting aside sham trusts;
Advising upon and obtaining orders for restoration of companies to the Register;
Seeking orders against a Company for disclosure of various documents to members; and
Making and opposing applications to set aside statutory demands.

Tax

James has a strong interest in capital taxation and is often instructed in matters involving inheritance tax, capital gains tax, and related trust/estate structuring, particularly in the context of claims under the Inheritance (Provision for Family & Dependents) Act 1975. He advises private clients, trustees, and professionals on the capital tax implications of estate and trust arrangements, and is adept at identifying practical solutions in technically demanding situations.

His experience includes:

Advising on post-death variations and distributions under sections 142 and 144 of the Inheritance Tax Act 1984 and section 62 of the Taxation of Chargeable Gains Act 1992;
Advising on gifts with reservation of benefit, including in the context of Discounted Gift Trusts;
Advising on the application and calculation of the residence nil-rate band in high-value estates;
Drafting deeds of appointment under discretionary will trusts to achieve tax-efficient outcomes;
Advising on the tax consequences of inter vivos trust arrangements involving co-owned property and planned trust termination;
Acting in professional negligence proceedings concerning alleged failures in inheritance tax planning.

James also has experience in bankruptcy and insolvency proceedings involving HMRC claims and liabilities arising from personal and trust-related tax exposure.

Arbitration, Mediation & ADR

James’s experience and practical focus mean he is regularly instructed to advise and represent parties in mediations, particularly in chancery and private client disputes where negotiated outcomes are often commercially and personally preferable. His cases frequently settle at or shortly after mediation, with the process often serving to narrow issues and clarify positions. This strong track record of resolution reflects his considered approach to both legal and strategic positioning.

He is frequently instructed to:

Take the lead in formulating, advising upon, and drafting offers and counter-offers;
Review and advise on existing settlement proposals; and
Prepare and review Deeds of Settlement, Tomlin Orders, Deeds of Variation and other formal documents once a compromise has been reached.

Where claims involve minors or protected parties, James is well-versed in preparing CPR 21.10 approval applications and providing the required Opinions on Merits for the Court, ensuring enforceable and properly sanctioned outcomes.

"James Egan is a great choice. He is extremely responsive, sharp and intelligent."

Chambers HNW 2025

"I have been blown away with how thorough and commercial he is. I would not hesitate to use him again."

Chambers HNW 2025

"He is unbelievably bright and can always find answers even in murky issues or complex areas of law. He is just very pleasant to deal with and meticulous in his preparation as well."

Chambers HNW 2025

Contact Clerks

Expertise

Contentious Trusts & Estates

Will & Probate Disputes

Family Provision Claims

Trusts

Private Client (Non-Contentious)

Trusts

Charities

Property

Landlord & Tenant

Real Property

Personal Property / Chattels

Court of Protection

Commercial & Business Disputes

Civil Fraud & Asset Recovery

Commercial Disputes

Company

Insolvency

Tax

Arbitration, Mediation & ADR

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