James Davin LLB (Hons) LLM; Higher Rights of Audience (All Proceedings) 2009; General Information James has experience and expertise well beyond his year of Call. Prior to being Called to the Bar, James practised as a solicitor for 12 years, and as a Solicitor-Advocate for 10 years. James is a former director and owner of an SRA authorised practice, and has assisted many clients through every stage of the dispute resolution process. James is a fully accredited Civil & Commercial Mediator, and specialises in property (to include contested wills, trusts, and estates) and business disputes. James brings a wealth of practical knowledge and experience from his role as a Solicitor and Solicitor-Advocate to his practice at the Bar. James provides pragmatic, results focused, solution driven advice and representation. He fully understands the wider implications of a course of action, including post-dispute relationships, and the need to protect a client’s cost position. James provides specialist mediation, advocacy, advisory, and drafting services in relation to tax and both traditional and commercial areas of chancery practice. James has served a broad spectrum of lay clients, from those regarded as high net worth to small business owners to landlords and tenants, to beneficiaries, executors, and former cohabitees who have inadvertently become embroiled in emotionally charged disputes. He is accessible, proactive, and represents clients nationwide. Reasons to instruct James… As a former practising Solicitor, James understands the high level of service and client focused advice and representation that Solicitors expect when instructing Counsel James is a specialist in resolving disputes relating to tax, property, businesses, and inheritance James provides technically strong advice on complicated matters, that is both cogent and client friendly James provides a prompt and efficient turnaround of paper-based instructions James provides a robust, but measured approach to resolving disputes James has significant specialist experience James has served a broad spectrum of lay clients, from those regarded as high net worth, to small business owners, to landlords and tenants, to beneficiaries, executors, and former cohabitees who have inadvertently become embroiled in emotionally charged disputes James is accessible and proactive EXAMPLES OF RECENT CASES Brady v Hannon [2022]: James successfully applied for the removal of a Personal Representative before Deputy Master Dray at a final hearing of a Part 8 claim at the Royal Courts of Justice. At earlier hearings of the same case, James successfully argued for an Order of Sale of a probate property in the estate under the authority of a Limited Grant (before Deputy Master Nurse), and for the appointment of an Independent Professional Personal Representative (solicitor) to oversee the administration and distribution of the estate at the conclusion of the proceedings (before Deputy Master Brightwell). Hellfire Entertainment Limited v Acimar Limited [2021] EWHC 1077 (Ch): Is it always safe to assume in business that parties can freely discuss joint ventures, and that a signed contract is needed before property interests are created? Can an interest in commercial property be created following a purported oral agreement and email representations, or is a discrete written contract always necessary? In business dealings, when do discussions to acquire property lead to binding obligations? In this case, James successfully represented the Defendant/ Respondent in an appeal before the former Vice Chancellor, Mr Justice Snowden QC (as he then was), that dealt with the above questions. The case relating to the breach of a commercial property contract purportedly based on oral agreements and several emails. Arguments dealt with included unjust enrichment, proprietary estoppel, and constructive trust. Certas Energy UK Limited v Gat Oil Limited [2020]: James successfully represented the Defendant/ Appellant in an appeal before His Honour Judge Godsmark QC (former Designated Civil Judge for Nottinghamshire, Derbyshire and Lincolnshire). In the appeal, James overturned a District Judge's dismissal of an application to set aside a Default Judgment. The claim was worth several tens of thousands of pounds. The matter was remitted to the County Court, and the Defendant/ Appellant was allowed to defend the claim. The Law Society v Dua et al [2020] EWHC 3528 (Ch): James assisted the successful Defendant litigants in person to prepare for a complex trial before Mr Hugh Sims QC (sitting as a Deputy Judge of the High Court). The case involved the recovery of historic debts worth several hundreds of thousands of pounds. The family home, and several other properties, faced an Order for Sale. Complicated issues were at stake including res judicata, abuse of process, enforcement of judgment debts against the beneficial interest in the marital home, and the protection afforded by a Trust Deed. The Claimant’s application for an Order for Sale of several properties worth more than approximately £3,000,000.00, was dismissed, together with the claim. PRACTICE AREAS Tax James has a broad advisory and litigation practice which covers all major areas of UK revenue law, but with a particular focus on capital taxes. Land & Property James is instructed by landowners, landlords and tenants (commercial and residential), developers, corporate bodies, local authorities, social housing providers, and owner-occupiers, in all aspects of land and property law. His experience includes (but is not limited to) cases involving the following: Commercial and residential landlord & tenant Trusts of Land e.g TOLATA, co-ownership disputes, proprietary estoppel claims, equitable accounting and equitable exoneration claims, resulting trusts, constructive trusts, commercial “joint ventures” (Pallant v Morgan trusts) Estoppel and equitable rights e.g. proprietary estoppel Building and construction disputes Property development & development rights Conveyancing disputes e.g. contracts of sale, options, rights of pre-emption Mortgages, charges, charging orders and securitisation Restrictive covenants e.g. construction, enforcement Overage agreements Business tenancy renewals Property torts e.g. trespass, nuisance (noise, lights, smoke, unpleasant odours, water contamination) Registration and rectification of the Register (Registered & Unregistered Land) Third-party walls Adverse possession, boundaries & easements e.g. rights of way, rights of light, rights of drainage, rights of support Village greens, commons & manorial rights Rent reviews and service charge disputes Leasehold enfranchisement Inheritance Act Claims Some examples of the variety of cases undertaken include- Representing spouses, cohabitees, dependants, and adult children claiming against estates Representing personal representatives and defendant beneficiaries in resisting claims Advising on lifetime planning in anticipation of post-death claims by adult children or former spouses Applications for extensions of time to submit claims and for interim orders Applications for orders giving effect to compromise agreements to obtain favourable tax treatment Applications under the anti-avoidance provisions for orders to secure financial contributions from third parties who received gifts of monies or other assets from the deceased during their lifetime Probate & Estate Administration Some examples of the variety of cases undertaken include- Breaches of trust and fiduciary duty Applications to pass over, substitute and remove personal representatives Drafting documents relating to all stages of proceedings including settlement agreements and Tomlin Orders Drafting caveats, citations, warnings, appearances, and subpoenas to produce testamentary documents CPR Part 57/ Part 64 applications for personal representatives and trustees e.g. applying for an order for a trustee to supply accounts with contingent order for their removal subject to the contents of the supplied accounts, applications for the examination of persons with knowledge of testamentary documents Applications to revoke grants of representation Advising on gifts made donatio mortis causa Applications under the Variation of Trusts Act 1958 e.g. so that minor beneficiaries, unborn beneficiaries or unascertained beneficiaries (such as future spouses) can benefit from an estate Claims relating to proprietary estoppel and constructive trusts Advising on duties and actions available to personal representatives on powers, duties and costs risks both in relation to ongoing litigation and more generally Claims relating to Intestacy Devastavit claims against personal representatives who have purportedly mismanaged an estate or squandered assets Directions applications for personal representatives Applications to prove copy wills, codicils and holograph wills Claimant and defendant third party claims against estates Interim applications e.g. pre-emptive costs orders, injunctions, disclosure orders Trusts Some examples of the variety of cases undertaken include- Applications under the Variation of Trusts Act 1958 e.g. so that minor beneficiaries, unborn beneficiaries or unascertained beneficiaries e.g. future spouses, can benefit from a trust Advising and representing charitable trustees and beneficiaries Challenges to the validity of trusts Rectification and construction of trusts Drafting wills, trusts, deeds of variation, deeds of appointment and advancement and trustee indemnities Advising on inheritance tax and the taxation of trusts Advising on restructuring or termination of will trusts and settlements Applications for orders to protect trustees on incurring litigation costs or protect trustees on distribution Applications for trustees to account for trust property, tracing of assets, self-dealing and equitable assignment Actions against trustees following breaches of trust, breaches of the statutory duty of supervision following delegation or losses arising from trustee investment Applications for the removal of incapacitated, unfit, or bankrupt trustees Advising trustees on powers, duties, and costs risks both in relation to ongoing litigation and more generally Advising on personal injury trusts Wills Some examples of the variety of cases undertaken include- Challenges to the validity of wills based on various heads of claim including lack of due execution, lack of capacity, fraudulent calumny, undue influence or lack of knowledge and approval Rectification and construction of wills Advising on challenges to mutual wills, ademption, abatement, lapse, forfeiture or other failures of gifts and intestacy Business & Commercial Law James has assisted many clients through various stages of business and commercial disputes. He understands the hidden costs of these disputes and aims to bring successful closure as swiftly and economically as possible. Disputes relating to directors, shareholders, and partners Breach of contract Debt and insolvency Civil & Commercial Mediation James is a fully accredited Civil & Commercial Mediator and specialises in cases relating to tax, property, wills, trusts, probate, and businesses. His expertise is balanced by a grounded approach that clients can relate to. He can add real value to the dispute resolution process. MEMBERSHIPS Inner Temple Chancery Bar Association Revenue Bar Association Contentious Trusts Association Chartered Institute of Taxation (student member) EDUCATION LLB (Hons) LLM (Research-based) PGDip Legal Practice Admitted as a Solicitor (2007) Solicitor-Advocate (2009) Advanced Certificate in the Administration of Estates (STEP) Called to the Bar (Inner Temple) (2019)