James has a general civil practice, predominantly in the field of property and employment law but including personal injury, professional negligence and chancery work.
His recent trials have involved enforcement of an employee's restrictive covenants, the imposition of a constructive trust following Stack v. Dowden, solicitor's negligence relating to settlement of an ancillary relief dispute, a civil service pay claim and proprietary estoppel in the context of a residential tenancy.
Property: land registration, boundary disputes, easements, forfeiture of leases, insolvency, dilapidations, business tenancy renewal and termination, all aspects of residential tenancies, including service charges.
Employment: unfair dismissal, TUPE, discrimination and restrictive covenants.
Chancery: co-ownership, contested probate, administration of estates, Inheritance Act, insolvency, claims against directors.
Professional negligence: clinical negligence and claims against lawyers and accountants.
Personal injury: employers' and occupiers' liability claims, including fatal accidents.
Direct Access:
James is licensed to accept Direct Public Access work and has undertaken a number of cases on this basis in the fields of property and employment law.
Other:
James is an experienced mediator and a volunteer property law adviser at the Fulham Legal Advice Centre.
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Cases
Property/insolvency:
Schweppe v Harper [2008] EWCA Civ 442; [2008] All ER (D) 311. An undischarged bankrupt entered into an agreement with a third party to provide finance to permit the annulment of his bankruptcy in return for a fee. The bankrupt withdrew from the agreement. The issue was whether there was a unilateral or a bilateral agreement and, if the latter, whether it was too uncertain to be a contract. James successfully resisted the appeal. Leave to petition the House of Lords was refused.
Skeete v. Pick [2008] 2 FLR 2043 - whether a bankrupt can appeal orders for possession and sale and a declaration as to shares in a property which is vested in the trustee;
Rogers v. Freeguard [1999] 1 WLR 375 - admissibility of extrinsic evidence admissible as an aid to construing the subject matter of an option to purchase property.
Employment:
EAT cases include;-
Carr and others v Ministry of Defence and anr (Lawtel 16/12/10). James acted for 3 civil service lawyers in a dispute over pay terms. The case involved difficult issues as to the incorporation and construction of centrally-negotiated terms relating to recruitment and retention allowances and London weighting.
Jones and Shingler v. Loppington House Limited (2006) - perversity challenge.
Howard v. Millrise [2005] IRLR 84 - TUPE consultation.
Bristol United Press Limited v. Beckett (2005) - constructive dismissal, disability discrimination.
Kredenza Ltd. v. Jovicevic (2005) - prospects of success on the merits as an issue in the exercise of discretion whether to accept ET3 out of time.
Madarbux v Surrey Oaklands NHS Trust (EAT 2004) - contributory fault in misconduct dismissal.
Summerbridge Doors v Pickering (EAT 2003) - disability discrimination.
Hutchison 3G Ltd v. Mason (2003) - disability discrimination where drug abuse caused depressive illness.
Chancery:
Spaul and anr v Spaul and anr [2010] EWHC 3275 (Ch); [2010] All ER (D) 151. James successfully represented the claimants in a claim relating to a director's breach of fiduciary duty.
Bhatti v Bhatti [2009] EWHC 3506 (Ch). James acted for the claimants who sought to enforce a Sharia arbitration award. Successfully obtained summary judgment at first instance. Court of Appeal has permitted the defendant to appeal on the grounds of alleged procedural irregularity. Settled recently at mediation.
Corsini v Corsini [2004] EWHC 102 (Ch), [2004] All ER (D) 195. Appropriation of assets in the distribution of an estate.
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Seminars
James regularly lectures for Central Law Training (both on the public programme and in-house) on the subjects of Business Tenant Default and Business Tenancy Renewal and Termination Claims. He is currently designing a new course for Central Law Training which will begin in the Summer of 2009 on Compensation in Employment Tribunals.
James has provided advocacy training through the Employment Lawyers' Association and offers in-house training to local authorities and housing associations on “Advocacy in Housing Cases”.
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