Mr James Rudall (2013 call) (2005 Bar Equivalent Rights) The Chancery Bar Association, The Honourable Society of Gray's Inn

Membership Status: Barrister - Full Member

General Information

JAMES S RUDALL

CALL: 2013

(Solicitor 2001, Solicitor Advocate - All Higher Courts 2005)

Email: rudall@clerksroom.com
Tel: 07482 470303

James is an experienced civil Barrister, who practises nationally, with much of his practise in London, Bristol, Birmingham and Cardiff. James is highly regarded by solicitors and he receives regular instructions to appear in the High Court to deal with complex and high value cases.

James qualified as a solicitor in 2001 and obtained full rights of audience in all Higher Courts in 2005.

Since 2005, James has regularly undertaken advocacy in the High Court and the County Court and is also experienced in undertaking advocacy in HM Lands Tribunal. James has also undertaken advocacy at Planning Tribunals and Appeals and has attended the magistrates court and Crown Court on quasi-civil matters involving breach of planning, licensing and environmental matters.

James has also undertaken successful written appeals in the Court of Appeal.

During 2018, whilst continuing in full time practice, James completed a Master of Laws (LLM), at Cardiff University, specialising in Company Law.


PRACTICE AREAS

• Business & Commercial Law (incl Insolvency)
• Court of Protection
• Costs
• Inheritance Act
• Personal Injury
• Professional Negligence
• Land & Property (Inc commercial & residential leases)
• Public & Administrative Law
• Road Traffic
• Technology & Construction
• Wills & Probate
• Other Civil

BUSINESS AND COMMERCIAL LAW
James is highly regarded by solicitors in this area. Since 2001, James has substantive experience in business and commercial law disputes and has undertaken many successful trials involving disputes involving tens of thousands of pounds to cases involving multi million pounds. James has appeared regularly in the High Court and County Court, in business and commercial matters and his experience includes company law disputes, partnership law, commercial agent disputes, insolvency and bankruptcy. James has recently completed a research master-of-laws (LLM), specialising in company law, which has strengthened his knowledge and expertise in this area.

COURT OF PROTECTION
Since his time as a solicitor, James has worked in this area of law. James has dealt with cases involving decisions on welfare and property, declarations as to capacity, deprivation of liberty in relation to a person’s care and residence arrangements, appointment and removal of deputies and dealing with applications as to the validity of LPAs or EPAs.

COSTS
James has dealt with detailed assessments and regularly deals with costs. 

INHERITANCE ACT
This area of law has been a regular part of James’s practice since he qualified as a solicitor in 2001.
James has appeared numerously in the High Court and has experience in many mediations. James has acted for both claimant and defendant.

PERSONAL INJURY
James is experienced in representing parties at trials and interim hearings in road traffic claims, occupier liability claims, employer liability claims, and public liability claims.

PROFESSIONAL NEGLIGENCE
Since 2001, James has received instructions in this area of law and has brought and defended claims against professionals in the following disciplines; Building, Planning, Engineering and Architecture, Surveyors, Solicitors, Accountants, and Financial advisors.

PROPERTY
James specialises in all aspects of property litigation and is experienced in dealing with cases involving boundaries, easements, prescriptive rights, covenants, adverse possession, leases (commercial and residential), Trusts of Land, Land Registration, Unregistered Land, mortgaged land and land charges.

PUBLIC & ADMINISTRATIVE LAW
James has dealt with planning disputes and appeals, and lawful use applications. James has appeared before planning tribunals at local government and appeared in the High Court in planning appeals.

ROAD TRAFFIC
James has appeared regularly in court representing both claimant and defendant in personal injury claims arising out of road traffic accidents.

TECHNOLOGY AND CONSTRUCTION
James has advised on numerous technology and construction cases involving complex expert evidence and has undertaken advocacy in the High Court and County Court in relation to construction and engineering disputes. James’s experience ranges from cases involving breach of contract and negligence relating to residential property to commercial disputes involving large building sites developed by supermarkets.

WILLS & PROBATE
James is experienced in advising on disputes relating Wills and Probate and has been advising on such matters since qualification as a solicitor in 2001. James has advised on validity of Wills, interpretation and construction of Wills, fraud and undue influence in the preparation of Wills. James has advised on the construction of Will clauses to include discretionary trusts and lifetime trusts.
James has appeared in the High Court and the Probate Registry, and is regularly instructed in respect of disputes as to Wills.

SIGNIFICANT CASES

Woolford v Woolford [2019] High Court, Cardiff District Registry (Subject - Company Law) - a dispute involving the allotment of shares, resignation of director and transfer of shares. James successfully defended the claim at trial.

Simpson v Simpson (Royal Courts of Justice) [2018] (Subject - Inheritance Act) – claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. Claimant brought claim for reasonable financial provision as a son of the Deceased. Claim involved eight siblings and was particularly in relation to the evidence as to the need for maintenance and future maintenance requirements. 

B S Five Holdings Limited v J D Hodgkinson [2016] High Court, Bristol District Registry (Subject – Land Registration, Covenants, Enforcement of Covenants) – The Claimant sought enforcement of a covenant that upon purchase of a lease the freehold reversion must be transferred to the Claimant by the Defendant, as owner of the freehold reversion. The case rested on construction of the covenant and Land Registration rules in relation to priority of interests. The Claimant was successful in obtaining a declaration and rectification of the land register on the grounds the freehold interest was held on trust for the benefit of the Claimant given the proper construction of the covenant contained in a long lease.

Ahmed v Ahmed (Oxford District Registry) [2015], High Court Oxford District Registry (Subject – Partnership Law, Trust of Land, Proprietary Estoppel, Constructive Trusts, Land Registration and property rights in land). This was a claim in respect of a property development business carried on as a partnership over a period of 30 years. Claimant was claiming property, which was registered in Defendants names, and which formed part of partnership business. Claimant claimed he was a beneficiary of property held under partner business pursuant to the principles of partnership law, constructive trust, and proprietary estoppel. The Claimant sought declarations and rectification of HM Land Registry to recognise his interests.

EDUCATION

• Cardiff University, Master of Laws (LLM) (Research based) 2018
• The Law Society, Higher Rights of Audience in All Proceedings 2005
• Cardiff University, Postgraduate Diploma in Legal Practice, 1998
• University of Law (Formerly the College of Law), Postgraduate Diploma in Law, 1997
• Cardiff University, BA (Hons), History, 1995

MEMBERSHIPS
• The Honourable Society of Gray’s Inn
• Chancery Bar Association

Feedback

Good Afternoon, James represented us on this case and he was fantastic. Holiday sickness claims are very difficult to prove and James did an amazing job in analysing and dissecting the Defendants disclosure documentation. His technical ability is outstanding, The feedback I got from my clients is that he was very approachable and they were very happy. We are very pleased and we will certainly be sending further holiday sickness briefs to Clerksroom and look forward to working with James.

Atif Ullah Applebys Solicitors

James is an experienced barrister who has the added advantage of having been also a practising Solicitor. His knowledge of the law is coupled with a good understanding of clients and their instructing solicitors which makes it easy to work with James towards successful Court outcomes. We recommend James’ services in a variety of litigation cases.

Zep Bellavia Bellavia & Associates LLP

Dear James (Rudall), Very many thanks for representing us at Dudley C.C on 18th July. It was a pleasure to meet you and to achieve "justice" together in obtaining the verdict in our favour. We were very impressed with not only your advocacy but also with the obvious amount of preparation you had put into the case before hand. We would also like to commend you for the easy manner and very friendly approach you have. It certainly helped us to go through the process without undue stress, or hassle. Mr & Mrs Bell, Sutton Coldfield (lay clients)

Mr & Mrs Bell, Sutton Coldfield Lay clients

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 in the Claimant's favour. This is especially positive considering it was extremely likely that liability would be awarded on a split basis. We understand from our client that Mr Rudall did a brilliant job and that he was very professional and competent. Our interaction with Mr Rudall has been nothing but positive. He is polite and curteous and a pleasure to work with. We shall definitely be instructing him again.

Louise Barker Minster Law

Am thrilled! Well done, very happy, very impressed! (James Rudall)

Joanne Du Plessis, Partner Shires Law

Thank you [James Rudall] very much for this morning and reporting back to me with such a detailed note. This is a great result. I really appreciate this.

Martin Armitage Minster Law

Excellent result and excellent, comprehensive report too. Much appreciated [James Rudall].

Nicholas Chatters, Partner Lloyd Green Solicitors

Many thanks [James Rudall] for obtaining such an amazing result. As with previous cases I have instructed you on my clients had nothing but praise for you. Thanks again. (2 separate cases)

Catherine Green WSP Solicitors

Thank you James (Rudall). Great result!

Aaron Fowler Harding Evans

I am very impressed by your excellent skeleton. (James Rudall - Appeal arising from a Statutory Demand).

Richard Bell, Director HHB Law

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.

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

phone01823 247 247

rudall@clerksroom.com

Qualified in 2013