James Davin

James Davin

LLB (Hons) LLM (2009 Bar Equivalent Rights) Barrister
Membership Status: Barrister - Full Member Qualified in 2019 Public Access Accredited BSB Guidance for Public Access
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Profile

General Information

Solicitor: 2007; Solicitor-Advocate: 2009 (All Proceedings); Barrister: 2019

James has experience and expertise well beyond his year of Call. James already had over 20 years of continuous legal experience before being Called to the Bar, including 12 years of advocacy experience as a solicitor. He is the former Principal and owner of an SRA authorised practice that specialised in contentious and non-contentious private client and property cases. Amongst other awards and accreditations, the practice received The Law Society’s Wills and Inheritance Quality Scheme (WIQS) accreditation. James has an excellent record of success at various hearings, and a reputation for settling claims in an astute, efficient, and commercially focused way.

James brings a wealth of practical knowledge and experience from his role as a solicitor and solicitor-advocate to his practice at the Bar. He fully understands the needs and demands that solicitors face. 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 advisory, drafting, and advocacy services in relation to both traditional and commercial areas of chancery practice.

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 property, inheritance, and businesses
  • 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 an excellent track record in achieving settlements and succeeding at trials
  • James is known amongst his peers and clients for being strategic, incisive, and his thorough preparation
  • James has significant specialist experience spanning over 20 years
  • 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, proactive, and represents clients nationwide

PRACTICE AREAS

James provides advice and representation to both claimants and defendants in the following areas of practice-

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-

  • Leases e.g. breach of covenant and forfeiture, service charge disputes, and so on
  • Building Disputes
  • Trusts of Land
  • Easements
  • Deposit disputes
  • Possession proceedings
  • Unlawful eviction
  • Adverse Possession
  • Trespass and boundary disputes
  • Nuisance

CO-OWNERSHIP DISPUTES & TOLATA CLAIMS

Areas of expertise include-

• Proprietary estoppel claims
• Equitable accounting and equitable exoneration claims
• Claims by joint owners or sole owners to establish beneficial interests under constructive trusts or resulting trusts

BUSINESS & COMMERCIAL LAW

James has assisted many clients through various stages of business and commercial disputes. He understands the hidden costs of business and commercial disputes and aims to bring a successful closure as swiftly and economically as possible.
Areas of experience include (but are not limited to)-

• Disputes relating to directors, shareholders, and partners
• Breach of contract
• Debt and insolvency

INHERITANCE ACT CLAIMS

Areas of expertise 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 an extension 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

Areas of expertise 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 for the production of 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, and so on
  • 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, and so on

TRUSTS

Areas of expertise 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

Areas of expertise 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

COURT OF PROTECTION

James has experience of dealing with the property and affairs jurisdiction of the Court of Protection and, amongst other things, provides advice and representation in relation to-

  • Statutory wills
  • Lifetime gifts
  • Making and challenging deputyship applications
  • Claims involving allegations of misappropriation of funds
  • Cases involving the calling in of bonds
  • Disputes surrounding Lasting Powers of Attorney
  • Personal injury trusts  e.g. providing an Opinion in accordance with OH v Craven [2016] EWHC 3146 (QB)

James’s approach is calibrated to the needs of every case. He recognises that a sensitive and empathetic approach needs to be balanced with direct and firm advice, in appropriate cases. He is known for having particular success in negotiations with parties who previously failed to find any common ground and reach agreement on pivotal issues.

PROFESSIONAL NEGLIGENCE

James provides advice and representation in relation to all aspects of professional negligence claims as they relate to property, conveyancing, businesses, wills, probate, trusts, inheritance claims, and the Court of Protection.

Memberships:

  • The Honourable Society of The Inner Temple
  • The Society of Trusts and Estate Practitioners (STEP) (Affiliate)
  • The Chancery Bar Association


Qualifications:

  • LLB (Hons)
  • LLM (research based)
  • PGDip Legal Practice
  • Admitted as a Solicitor (2007)
  • Solicitor-Advocate (2009)
  • Called to the Bar (Inner Temple) (2019)

Testimonials

Testimonials

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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, James Davin, 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: james.davin@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/

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