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

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

The Chancery Bar Association, The Honourable Society of Gray's Inn CARDIFF
Membership Status: Barrister - Full Member Qualified in 2013
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

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

Testimonials

Testimonials

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.

Areas of Law

Mr James Rudall (2013 call) (2005 Bar Equivalent Rights) is happy to accept instructions as counsel who is:

  • Business & Commercial Law
  • Inheritance Act Claims
  • Professional Negligence
  • Approved for the following panels:
  • Business & Commercial Law
  • Costs
  • Court of Protection
  • Land & Property
  • Personal Injury
  • Road Traffic
  • Technology & Construction inc Adjudication
  • Wills & Probate

Outside of these key areas of law, Mr James Rudall (2013 call) (2005 Bar Equivalent Rights) is always willing to consider any enquiry requiring the experience or knowledge needed to help you or your client. Please call James direct or the support team on 01823 247 247 if you would like to discuss any aspect of this profile.

Cases and 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.

Fees and Feedback

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

Fees and Feedback

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Mr James Rudall (2013 call) (2005 Bar Equivalent Rights), have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: rudall@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

Can't find what you are looking for or prefer to talk?

Barristers: 01823 247 247 Mediators: 01823 704 099