Direct Access Barrister
James Davin
Direct Access Barrister
James Davin
Prior to becoming a barrister, James owned and operated a law firm and practised as a solicitor for 12 years (including 10 years as a solicitor-advocate i.e. he exercised the same rights of audience as a barrister in the higher courts). Over the years, James has assisted many clients through every stage of the dispute resolution process.
Amongst other things:
James can help you to identify the opportunities in your case as they arise with a view to turning them to your advantage e.g. by making a pre-trial application that could amount to a knockout blow for the opposing side.
James can provide you with advice on what pitfalls and traps to avoid, and advice on how you can strengthen your case.
Area of Law
Business and Corporate
James has assisted many clients through various stages of business and corporate disputes. The hidden costs of such disputes can often eclipse their headline value. James aims to bring a successful conclusion to business and commercial disputes as swiftly and as economically as possible.
James has a blend of complementary skills, experience, and expertise that are highly likely to add value to your case and may very well increase its prospects of success. Amongst other things, James has advanced knowledge of accounting. James is a fully accredited Civil & Commercial Mediator. James is therefore well used to the fact patterns, pivot points, and dynamics that play out in the successful resolution of disputes.
Chancery
Chancery is a generic term that covers several different areas of law, many of which overlap. As set out on this page under different categories, James's practice covers both-
• Traditional Chancery, such as contested wills, trusts, and disputes relating to probate and property;
• Commercial Chancery, that covers a wide range of finance and business disputes.
Commercial
In its most basic form, commercial law applies to the rights, relations and conduct of individuals and businesses engaged in buying, selling, trading, delivering, and the marketing of products for sale.
Many commercial cases that James is instructed on relate to breaches of contract. But successfully navigating a commercial dispute often involves drawing on a broader range of expertise and experience. As stated above in relation to Business and Corporate cases, James has a blend of complementary skills, experience, and expertise that are highly likely to add value to your case and may very well increase its prospects of success. Amongst other things, James has advanced knowledge of accounting. James is also a fully accredited Civil & Commercial Mediator. James is therefore well used to the fact patterns, pivot points, and dynamics that play out in the successful resolution of disputes.
Landlord and Tenant
James provides expert advice, representation, and drafting services to homeowners, investors, landlords, and tenants in relation to various areas including (but not limited to):
• Residential & Commercial Forfeiture & Possession Actions
• Termination of Residential & Commercial Tenancies & Leases
• Property Damage, Dilapidations, & Disrepair
• Breach of Covenant & Forfeiture
• Rent Reviews & Service Charge Disputes
• Harassment and Unlawful Eviction Claims (Claimant & Defendant)
Professional Negligence
James provides expert advice and representation in relation to professional negligence claims that fall within his specialist practice areas on this page. Amongst others, James can assist with claims against solicitors, surveyors, and accountants.
Ideally, advice should be sought as soon as possible. But whatever stage you have reached, taking independent, expert advice is likely give you more options, and greater control over the outcome.
Property
James provides expert advice, representation, and drafting services in relation various aspects of property law, including (but not limited to):
• Trusts of Land e.g. co-ownership disputes
• Building & Construction Disputes e.g. commercial “joint venture” disputes
• Trespass and Nuisance (noise, lights, smoke, unpleasant odours, water contamination)
• Restrictive Covenants e.g. interpretation and enforcement
• Registration & Rectification of the Land Registry Register (for both registered & unregistered land)
• Third Party Walls
• Adverse Possession, Boundaries & Easements e.g. rights of way, rights of light, rights of drainage, rights of support
• Conveyancing Disputes e.g. contracts of sale, options, rights of pre-emption
• Adverse Possession, Boundaries & Easements e.g. rights of way, rights of light, rights of drainage, rights of support
• Overage Agreements
Tax and Revenue
James helps individuals and businesses to navigate disputes with HMRC. In suitable cases, James can also provide pre-emptive tax planning advice, with the overarching aim of avoiding disputes arising in the future. James covers all major areas of UK tax law, but with a particular focus on taxes relating to property and estates e.g. Capital Gains Tax, Stamp Duty Land Tax, and Inheritance Tax. James is a Chartered Institute of Taxation (CIOT) Fellowship Candidate. James is also a member of the Revenue Bar Association.
Wills and Probate
James has significant experience of cases involving disputes relating to Wills, Probate, Trusts. James is the former owner of a solicitor's firm that specialised in probate and property cases. James is also a member of The Chancery Bar Association and holds an Advanced Certificate in the Administration of Estates (STEP).
Inheritance claims and Will disputes can be very emotionally charged. They can also be very costly if early expert advice in not sought. If the deceased person's estate has a value of more than £300,000 then James may be able to assist you. Instructing James directly is likely to save you time and money.
James can assist in clarifying the legal issues and identifying the best options available to you at an early stage. This will give you more control over the direction of events and may very well stack the odds in your favour. Areas of expertise include (but is not limited to):
• Claims under the Inheritance (Provision for Family and Dependants) Act 1975
• Passing over, substituting, and removing Personal Representatives
• Advising on the powers & duties of Personal Representatives & Trustees
• Claims in relation to mismanaged and/or squandered estate assets
What sort of work do I do?
ADVOCACY: James can represent you at single court or tribunal hearing. Alternatively, James can also become more involved by attending all hearings in your case as appointed counsel. James will then have the opportunity of developing a case strategy by representing you at key pre-trial hearings e.g. a case management hearing or a disclosure application. This can guide the overall direction of your case and is likely to increase its prospects of success.
DRAFTING: The professional preparation of key documents can strongly influence the outcome of your case. James can assist by reviewing your current documents and preparing professional versions for you. James can also help you to adopt a more pro-active approach to managing your case, by reviewing your opponent's documents and in certain cases preparing documents to counter or challenge them.
ADVISORY: You may feel that you are navigating a legal maze with unfamiliar terminology, complicated forms, and procedural rules that you are simply expected to know. All these factors can add to the stress and the uncertainty of proceedings. You can instruct James to either provide ad hoc advice on the merits of your case, or to guide the overall preparation of your case.
Who do I work for?
James helps a broad spectrum of clients including (but not limited to) property owners, landlords and tenants, property developers, former cohabitees, beneficiaries, trustees, executors, investors, entrepreneurs, business owners, shareholders, directors, and taxpayers involved in disputes with HMRC.