James Kirby

“James Kirby is technically great and can turn his hand to anything. Clients and lawyers like him equally and enjoy working with him.”

Chambers HNW 2025

Directories & Awards

Associations & Memberships

Member of the Chancery Bar Association
Member of the Court of Protection Bar Association and CoPPA (Court of Protection Practitioners’ Association)
Member of ConTrA (Contentious Trusts Association)
Fellow of the Royal Historical Society

Education & Qualifications

Bar Professional Training Course (Outstanding), City Law School (2017)
Graduate Diploma in Law (Distinction; Equity & Trusts Prize), City Law School (2016)
DPhil in History, Balliol College, Oxford (2014)
MSt in History (Distinction), Balliol College, Oxford (2011)
BA in History (First Class – highest of year), Balliol College, Oxford (2010)

Publications

Williams on Wills (11^th edition, 2021) (with Francis Barlow KC, Susannah Meadway and James MacDougald).

‘Drawing a Veil? Privacy and Anonymity in Trusts and Capacity Proceedings’, Trusts & Trustees, 2023, vol. 29, 760-768 (with Georgia Bedworth).

‘Can delay defeat a probate claim?’, Private Client Business, 2023, 4, 158-164.

‘Statutory Wills and Probate Disputes: Contested Wills in the Court of Protection’, Private Client Business, 2022, 3, 104-111 (with Richard Dew).

Regulatory Information

James Kirby is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Council Ref 69244]. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/079] 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 304589790.

James Kirby is a Chancery barrister with a practice focused on Trusts and Estates, Court of Protection and Private Client Tax.

He is ranked as Up and Coming by Chambers and Partners UK Bar Guide 2026 for Chancery: Traditional, and as a Leading Junior by Legal 500 2026 for Private Wealth and Probate (Band 4) and Tax: Personal (Band 3).

James’s recent cases include:

HMRC v HFFX LLP (2025) (led by Rupert Baldry KC and Thomas Chacko). Made oral submissions to the Supreme Court on the income tax rules concerning sales of occupation income. Judgment is awaited.
George v The Corporation of the Hall of Arts and Sciences [2025] EWHC 1979 (Ch) (led by Simon Taube KC). Acting for the Royal Albert Hall in a claim relating to rights to seats at the Hall.
Nazir v Begum [2025] 3 WLR 595. Acted pro bono as sole counsel in the Court of Appeal. Commended by Zacaroli LJ for his “conspicuously clear and cogent submissions”.
James v Scudamore [2023] Ch 391. Acted for the successful defendant in this leading case, establishing that probate claims may be barred by delay.

James is a member of the Attorney General’s B Panel.

James is an editor of Williams on Wills and a contributor to the Court of Protection Law Reports. Before coming to the Bar, he was a research fellow at Trinity College, Cambridge.

Expertise

Contentious Trusts & Estates

James has a wide experience of trust and estate disputes, both domestic and offshore.

Notable cases include:

Nazir v Begum [2025] 3 WLR 595. Whether registered land held by personal representatives is “subject to a trust” for adverse possession purposes.
Re H’s Estate (2024) (High Court). Acted for the successful applicant in a claim under the Forfeiture Act 1982. The applicant had forfeited her inheritance by assisting her godmother to travel to Switzerland for the purposes of assisted dying.
James v Scudamore [2023] Ch 391. Acted for the defendant executor and beneficiary. The judge accepted James’s argument that a probate claim could be barred by the claimant’s delay in bringing the claim.
Bridgmont v Zammit (2022): Represented the claimant in a 3-day trial at Central London County Court concerning the beneficial ownership and sale of a property formerly owned by the client’s deceased parents. The claim received media coverage in The Times and other newspapers.
The Hinduja litigation, a multi-jurisdictional dispute within one of Britain’s wealthiest families. This included Hinduja v Hinduja [2020] 4 WLR 93, concerning the appointment of a litigation friend.

James’s trust litigation experience includes:

Applications by trustees for directions, including Public Trustee v Cooper applications and Beddoe applications
Claims relating to constructive trusts and/or proprietary estoppel
Breach of trust claims
Applications under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
Applications for declarations as to the interpretation of trust documents
Applications under the Variation of Trusts Act 1958
Applications to remove trustees
Applications for provision of trust accounts
Claims to set aside or rectify deeds, wills and other documents

James’s probate and estates litigation experience includes:

Probate claims.
Inheritance (Provision for Family and Dependants) Act 1975 claims.
Applications to remove executors under s 50 of the Administration of Justice Act 1925.
Applications for relief from forfeiture for unlawful killing under the Forfeiture Act 1982
Claims concerning the interpretation of wills
Applications for directions concerning the administration of estates
Claims against executors for devastavit

Private Client (Non-Contentious)

A significant part of James’s practice involves advising clients in relation to wills, trusts and estates, as well as drafting trust documents and other instruments. His experience includes:

Advising on the interpretation of wills and trusts
Advising trustees on the exercise of their powers
Advising trustees and executors on the administration of trusts and estates
Drafting declarations of trust
Drafting deeds of appointment and other documents exercising dispositive powers
Drafting deeds of variation under s 142 of the Inheritance Tax Act 1984
Applications under the Variation of Trusts Act 1958

James also writes occasionally as a private client expert for LexisNexis.

Court of Protection

James has significant experience in Court of Protection applications, acting for deputies, attorneys, private individuals, the Official Solicitor and the Public Guardian.

James’s notable cases in the Court of Protection include:

Re MC (2024): Representing the Official Solicitor at the final hearing of an urgent statutory will application.
Hinduja v Hinduja [2022] EWCA Civ 1492 (permission to appeal hearing and skeleton argument; led by John McKendrick KC), concerning reporting restrictions in the Court of Protection.
Re H (2021): Representing the respondent in an expedited statutory will application involving a disputed will and allegations of undue influence (with Richard Dew).
Re A: Representing a deputy in an application for the calling in of a previous deputy’s bond on grounds of professional negligence.
Re C: Representing the Official Solicitor in an application for an interim, and then final, statutory will.

James also contributes to the Court of Protection Law Reports and to Practical Law’s ‘Questions for Counsel’ in Property and Affairs work.

Tax

James is frequently instructed in private client tax matters, both contentious and non-contentious. His work here includes:

Estate planning for individuals (including gifts, wills and the use of trusts)
Tax issues for trustees and personal representatives
Drafting trust instruments and other documents with a tax planning element
Private client tax disputes with HMRC
Advising on tax issues arising in trust and estate disputes (such as the tax-efficient settlement of claims under the Inheritance Act 1975)

James also has significant experience of tax litigation, having appeared at all levels from the First-tier Tribunal to the Supreme Court. Reported cases include:

HMRC v HFFX LLP (2025) (Supreme Court – judgment awaited) (partnership income tax)
HMRC v BlueCrest Capital Management (UK) LLP [2025] 1 WLR 1925 (Salaried Members Rules; permission to appeal to Supreme Court granted)
HFFX LLP v HMRC [2024] STC 1371 (partnership income tax)
HMRC v BlueCrest Capital Management LP [2024] STC 92 (partnership income tax)
BCM Cayman Ltd v HMRC [2024] 1 WLR 1980 (Ramsay principle)
HFFX LLP v HMRC [2023] STC 678
Odey Asset Management LLP v HMRC [2021] UKFTT 31 (TC)
HFFX LLP v HMRC [2021] UKFTT 36 (TC)

Property

James has significant experience in advising and representing clients in relation to real property, often in relation to trusts and estates.

Key cases include:

George v The Corporation of the Hall of Arts and Sciences [2025] EWHC 1979 (Ch): Rights of seat holders at the Royal Albert Hall to their seats.
Nazir v Begum [2025] 3 WLR 595: Whether registered land held by personal representatives is “subject to a trust” for adverse possession purposes.
Re the W Trust: Advising a trustee in relation to a settlement under the Settled Land Act 1925.

Bridgmont v Zammit (County Court at Central London): Representing the claimant in a 3-day trial at Central London County Court concerning the beneficial ownership and sale of a property formerly owned by the client’s deceased parents. The claim received media coverage in The Times and other newspapers.
G v G: Striking out a TOLATA claim over a family home as an abuse of process in light of related family court proceedings (and representing the client successfully on appeal).
UBS AG v Rose Capital Ventures Ltd [2019] 2 BCLC 47: high-value mortgage possession claim (with Jonathan Gavaghan).

Charities

James is regularly instructed to advise on issues of charity law, often in the context of wills, trusts, tax or property issues. His experience includes:

George v The Corporation of the Hall of Arts and Sciences [2025] EWHC 1979 (Ch): Rights of members of a charity incorporated by royal charter.

Advising and representing a charitable company in a claim brought against it by a donor seeking recovery of a donation on the basis of mistake.
Acting for charitable legatees in probate and estate disputes.
Advising a government department on whether a charity was an exempt charity or not.
Representing HMRC in a dispute with a charity.
Advising on whether a claim by a charity for an injunction constituted “charity proceedings” under s 115 of the Charities Act 2011.
Advising on the interpretation and effect of charitable gifts in wills.
Advising on whether a substantial lifetime transfer to a foreign charity might qualify for an exemption from IHT.

Offshore & International

James has significant experience of offshore trusts litigation, including complex and high-value multi-jurisdictional disputes. His experience includes:

Acting for the settlor in a disputed Public Trustee v Cooper application in very high-value trust proceedings in Jersey.
Drafting amended pleadings in a complex offshore trust dispute.
Drafting a skeleton argument in opposition to an anti-suit injunction in a trusts dispute.
Drafting written contentions in opposition to an application for permission to appeal in a privacy application.
Drafting a statement of case in a breach of trust claim relating to an employee benefit trust in the financial services industry.

Partnership & LLP

James advises on partnership and LLP law, especially in relation to trusts and estates.

James also has extensive experience in partnership tax litigation, having acted as junior counsel for HMRC in the following appeals (among others):

HMRC v HFFX LLP (2025) (Supreme Court – judgment awaited) (partnership profit allocation, miscellaneous income, sales of occupation income)
HMRC v BlueCrest Capital Management (UK) LLP [2025] 1 WLR 1925 (Salaried Members)
HFFX LLP v HMRC [2024] STC 1371
HMRC v BlueCrest Capital Management LP [2024] STC 92
BCM Cayman Ltd v HMRC [2024] 1 WLR 1980 (Ramsay principle)
HFFX LLP v HMRC [2023] STC 678
Odey Asset Management LLP v HMRC [2021] UKFTT 31 (TC)
HFFX LLP v HMRC [2021] UKFTT 36 (TC)

“James Kirby is very knowledgeable and has an eye for the most minute of details. He is hands-on and his advice never fails to combine his technical knowledge with practicality.”

Chambers HNW 2025

"James Kirby is a very talented practitioner. He is approachable too."

Chambers UK 2026

"James is a clear thinker who is particularly good at analysing and interpreting complex tax legislation. He is able to express difficult points lucidly and knows how to use principles and case law to build an effective argument. In court, he is eloquent and unflappable and speaks with real authority."

Legal 500 2026

"James is always on top of the details and a safe pair of hands to navigate fact-heavy matters through ever-evolving case law. He is available to answer queries and his drafting is excellent."

Legal 500 2025

"James is extremely concise and has a great ability to distil the law into user-friendly advice. He has considered judgement and inspires confidence."

Legal 500 2024

Contact Clerks

Directories & Awards

Expertise

Contentious Trusts & Estates

Private Client (Non-Contentious)

Court of Protection

Tax

Property

Charities

Offshore & International

Partnership & LLP

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