James Rudall (2013 call) (2005 Bar Equivalent Rights)

James Rudall (2013 call) (2005 Bar Equivalent Rights)

BA (Hons), Post Grad Dip Law, Post Grad Dip Legal Practice, The Honourable Society of Gray's Inn CARDIFF
Membership Status: Barrister - Full Member Qualified in 2013

Profile

General Information

James is an experienced barrister having practised with full rights of audience in all proceedings since 2005. His experience includes the conduct of numerous trials in complex commercial and non-commercial disputes in the County Court, High Court, HM Lands Tribunal, the Magistrates Court, and the Crown Court. James also has had two successful written appeals in the Court of Appeal. James is also experienced in preparing written advices/opinions on merits, drafting all types of civil procedure compliant documents including particulars of claim, defences, counterclaims, Injunctions, and witness statements. James also has full litigation rights held with the Bar Standards Board and thus can take steps in litigation in the same way as a solicitor. 

James benefits from practice as a former solicitor for over 12 years, having specialisied as a solicitor with leading regional practices, including as a head of commercial litigation for 7 years in a large Cardiff law firm.   

During 2005, James took the Bar equivalent exams to gain full rights of audience in all proceedings allowing him to gain the same experience as a Barrister since 2005. During 2013, James was called to the Bar, and has since practised as a fully qualified barrister specialising in commercial and non commercial civil matters.

James has been praised numerously by solicitors about his skills as an advocate and he prides himself on winning difficult cases.  

James has a broad but specialist practice, (as detailed below), in both commercial and non-commercial civil disputes. 

Below are some of the recent feedback about James’s practice;  

“Mr James Rudall has today attended a trial on behalf of the Claimant in this matter and we would like to thank him for his work and congratulate him on an amazing 100% win.”

“Am thrilled! Well done, very happy, very impressed!”

“Many thanks [James Rudall] for obtaining such an amazing result. As with previous cases, I have instructed you and my clients had nothing but praise for you. Thanks again.”


Main specialist areas of practice:

  • Contract
  • Land
  • Tort
  • Company and Partnership Law
  • Trusts
  • Wills & Probate
  • Court of Protection
  • Planning & Environmental
  • Professional Negligence
  • Construction
  • Personal Injury


Commercial Dispute Practice

Commercial Litigation

James has specialised in commercial disputes since 2001 and has extensive experience dealing with a wide variety of commercial disputes involving corporations, partnerships and sole traders. James has dealt with company director disputes; shareholder disputes; partnership disputes, and cases involving commercial agents and the Commercial Agents Regulations. James is experienced in preparing pleadings, advising in conference and preparing written advice on merits. James has been lead advocate in many complex commercial disputes in the County Court and High Court and is experienced in dealing with cases involving substantive monies. 

Commercial Property Litigation

James has advised and undertaken advocacy in numerous commercial property disputes to include matters involving leasehold renewal and termination; dilapidations; leasehold enfranchisement; and agricultural lease disputes. James is experienced in advising on commercial property law procedures, drafting court pleadings and undertaking advocacy in this complex area of law. Recently, James has settled contentious lease renewals in valuable commercial property in Kensington, London.  

Property Litigation

James is experienced generally in dealing with land disputes to include disputes arising from rights of way; access rights; disputes regarding covenants and easements, adverse possession, landlord and tenant and boundary disputes. James is instructed regularly to settle pleadings involving property litigation and is often instructed to advise at conference and to prepare written advice on merits.

Construction

James has dealt with a wide variety of construction disputes to include small building projects and large commercial projects. In a recent case, James was involved in dealing with the negligent construction of foundations for the building of a supermarket, which went to trial resulting in a successful recovery of substantive damages. James is experienced in following the protocol for construction disputes and in dealing with construction experts and analysing complex experts reports on liability. James is experienced in preparing written advice on merits and advising at conference.

Professional Negligence

James is experienced in dealing with professional negligence disputes and has dealt with negligence of solicitors, barristers, architects, surveyors, engineers, accountants and vets. James has experience of representing both claimant and defendant in claims involving very substantive monies.

Commercial - Non-Contentious Practice

As part of James’s practice in commercial areas of dispute, James has gained experience in dealing with the non-contentious aspects of commercial law. Dealing with issues from a contentious commercial practice has been an invaluable experience for James in dealing with non-contentious commercial matters. James has experience in dealing with the non-contentious practice detailed below.

Drafting Commercial Agreements

James has advised in relation to many types of commercial agreements and is experienced in drafting commercial agreements to include company and partnership constitution agreements, shaereholder and director agreements and trading agreements. 

Company & Partnership Law & Procedure

James has drafted corporate and partnership agreements to include shareholder agreements, director agreements and partnership agreements. James has also advised in regard to company formations and mergers. James has dealt with contentious matters in the Company Court in the Royal Courts of Justice, London, which has been very beneficial to his experience in non-contentious corporate matters. Equally, James has dealt with many partnership disputes, which has assisted in his drafting of partnership agreements.
 

Private Client & Individual Dispute Practice

Trusts, Wills and Probate

James has consistently maintained a practice in trusts and probate and has extensive experience in advising solicitors specialising in trusts, wills and probate and in particular advised private client solicitors as an in-house advocate for a period of eight years whilst working for a leading Cardiff-based law practice.

James has brought and defended claims involving; the Inheritance (Family Provisions Dependents) Act 1975; the construction and validity of wills; lack of capacity and want of knowledge; undue influence, and negligent claims against solicitors and will writers in regards to preparing and drafting of wills.

James is also experienced in resolving trust and probate disputes at mediation.

James is also experienced in advising on the creation and constitution of trusts.

Court of Protection

James has undertaken court of protection matters and recently acted for parents in an application for the appointment of a deputy for property and affairs and health and welfare. James was also the lead advocate for applying for the removal of professional deputies in relation to their management of a five million pound trust fund obtained in compensation on behalf of an employee as a victim of a mental injury caused by a physical attack. This dispute involved successfully coming up against two QC’s in the High Court and two other leading barristers.

Land & Property Disputes

James has dealt with many types of property and land disputes for individuals to include, disputes involving rights of way, easements, covenants, adverse possession, housing disrepair, land contract breach and misrepresentation, landlord and tenant, boundary disputes, and Mobile Home Act disputes and applications.

James has also dealt with numerous land disputes involving constructive trusts, resulting trusts and proprietary estoppel.

James has represented in proceedings in the Lands Tribunal involving mobile homes, easements, and adverse possession and conducted trials in the High Court.

Credit & Security

James has conducted trials involving credit, security and consumer protection law and has represented both consumer and non-consumer.
 

Personal Injury Practice

James has maintained a consistent personal injury practice and has experience in dealing with road traffic accidents, occupiers liability and employer liability cases. James is often instructed to settle pleadings and defences and has undertaken numerous personal injury trials. James is also often instructed to prepare written advices on merits and quantum.
 

Public Law Practice

James has represented clients involved in lawful use applications dealing with advocacy in council office chambers and the High Court on Appeals. James has dealt with lawful use applications relating to a motor cross circuit use and caravan site use and storage.

James has successfully applied for planning permission in relation to use of mobile homes and recently was involved in a case involving increase in service charges involving mobile homes which was successfully determined in favour of James’s client before the Lands Tribunal held in the Exeter Magistrates Court.

James has defended breaches of the Food Safety Acts and the Environmental Acts in the Magistrates Court. James represented a butchers practice which was faced with closure and substantive fines, which was successfully defended. James has also represented client’s involved in the waste industry accused of land pollution and excessive waste storage.

Recently James dealt with a case in the Magistrates Court involving properties of multiple occupation and successfully defended a landlord. 
 

Mediation

James has represented clients at numerous mediations and has in the majority of mediations come away with a successful settlement for the client. James’s mediations have included a wide variety of commercial and non-commercial disputes to include land disputes, professional negligence disputes, trusts, wills and probate disputes, and construction disputes. James is also experienced in preparing written submissions and points of dispute for mediations. 
 

Other Relevant Experience

Before joing the self employed bar, James worked as in house counsel for a large legal practice in Cardiff, advising solicitors daily within the commercial & general disputes department and within the Private Client Department. 
 

Education

Cardiff University BA (Hons) History - 1995

The College of Law - Post Graduate Diploma in Law - 1997

Cardiff University - Post Graduate Diploma in Legal Practice - 1999

Bar Equivalent Exams - Obtained Full Rights of Audience Civil & Criminal - 2005

Enrolling on Masters in Law distance learning - Cardiff University 2018
 

CPD

Advocacy Training - Gray’s Inn - 2015

Forensic Accounting Course - BPP Law 2016

CPD Courses in Court of Protection, Wills & Probate, Land Law and Landlord and Tenant, Contract Law Update, Part 36 Update, Personal Injury Update - 2016

Feedback

Feedback

CPD

Advocacy Training - Gray’s Inn - 2015 Forensic Accounting Course - BPP Law 2016 CPD Courses in Court of Protection, Wills & Probate, Land Law and Landlord and Tenant, Contract Law Update, Part 36 Update, Personal Injury Update - 2016 Providing CPD training to solicitors in Landlord and Tenant disputes, Land disputes generally, Commercial Disputes, and Wills & Probate Disputes.

Publications

B v Jenkins & others [2010] HC Chancery Division

This case concerned an application for a statutory will brought by the Defendants. The Claimant applied to become a beneficiary under the statutory will on the grounds he was treated as a child of the testator. This was an extremely difficult case for the Claimant owing to the high legal test that he had to meet. James was successful on behalf of the Claimant in obtaining a declaration that the Claimant should become a substantive beneficiary.

S Ltd v Jones & Keep [2011] HC Chancery Division

This was a complex fraud claim. James represented one of the Defendants in bringing a counter claim for fraud against the other Defendant, defending possession proceedings and applying to set aside a legal charge. James was successful in obtaining judgement for fraud and defending the possession proceedings.

Bisping v JCP Solicitors & MOD [2010] HC Chancery Division

This concerned a catastophic injury case and dealing with circa five million pounds of damages. James represented the Claimant in an application for a declaration as to the capacity of the Claimant; a declaration to set aside a contract on grounds of lack of      capacity; a declaration for the appointment of his instructing solicitor to become a deputy in relation to dealing with long term financial and property matters; a declaration as to the extent of the deputies powers; and an application to remove an already appointed solicitor deputy which was vigorously opposed. James was successful in all applications.

Mathias v Roberts & 2 others [2012] High Court Chancery

This was an application for a declaration of trust pursuant to section 47(1) of the Administration of Estates Act 1925. It was James’ client's case that there was a trust in existence in  relation to assets created by the testator prior to death. This was opposed and JamesI was successful in obtaining a declaration of trust.

Gamecho v McGrory [2010] Royal Courts of Justice

This was a case involving hedge fund fraud and a dispute arising between an investor in hedge funds, James' client, and a broker dealing with the investors funds. This was a very complex hedge fund involving tracing of assets etc. James was successful in obtaining judgement for £950,000.

Can't find what you are looking for or prefer to talk? Call Us On 01823 247 247