Profile

James James Hamerton-Stove is developing a busy practice in the full range of Chambers’ principal areas of work including real property and landlord and tenant; as well as a variety of other Chancery matters including insolvency and company law.

Recent work includes:

Drafted particulars of claim for application to FTT for determination of breach
Dispute between two major retailers over a lease extension regarding units at a shopping centre
Successful defence of an application to release funds from the Court Funds Office to a BVI-registered company following collective enfranchisement
Advice on prospects of severing a joint tenancy by course of dealing between two now-deceased parties
Application to extend time for registration of a legal charge
3-day forgery trial
James has an approachable manner but is also a robust advocate who fights his client’s corner in court.

James read Philosophy and French at Magdalen College, University of Oxford and is a Queen Mother Scholar and Harmsworth Exhibitioner of the Middle Temple.

Outside of Chambers, he is a keen (but not able) participant in tennis, golf and skiing.

“I have instructed James on several occasions and his advice and performance have never been short of meticulous. I would recommend him without hesitation.”

“The client was very pleased with the result.”

“Brilliant.”



LANDLORD AND TENANT
James acts frequently for both landlord and tenant in a wide variety of disputes, with a focus on possession, service charges and forfeiture. His work has included:

Drafted particulars of claim for application to FTT for determination of breach
Dispute between two major retailers over a lease extension regarding units at a shopping centre under the Landlord and Tenant Act 1954.
Dispute in First-Tier Tribunal (Property Chamber) over whether an application for collective enfranchisement was ‘made’ in time for the purposes of s.24(1) of the Leasehold Reform, Housing and Urban Development Act 1993.
Obtained orders for forfeiture of two leases worth over £1m each on grounds of non-payment of service charges.
Successful defence of an application to release funds from the Court Funds Office to a BVI-registered company following collective enfranchisement.

REAL PROPERTY
James is developing a busy real property practice, including claims under the Trusts of Land and Appointment of Trustees Act 1996: orders for sale, constructive trusts and resulting trusts.

Recent work includes:

Advice on prospects of severing a joint tenancy by course of dealing between two now-deceased parties.
Successful defence of an application for an order for sale under s.14 TLATA.

MATRIMONIAL FINANCE / DIVORCE
James also has a niche practice in matrimonial finance. He acts regularly for a variety of clients including City professionals and other high net worth individuals. His cases are often complex and international in character. For example:

Appeared before Holman J in the High Court to defend an application for a worldwide freezing order involving a transfer of assets from the UK to Hong Kong.
Acted in protracted proceedings for enforcement of a financial order in case with alleged assets of c.€15m.
Appeared before Moylan J in a High Court appeal over orders for maintenance pending suit and legal services imposed on a European hedge fund manager. Orders successfully reduced.
Advice on asset protection and preparation of pre-nuptial agreement for a buy-to-let landlord with a portfolio of 25+ properties.
Upcoming 3-day trial in the Central Family Court over an allegation that a party fraudulently procured a financial consent order (and decree absolute) by forging their spouse’s signature.

PRIVATE CLIENT
Claims for reasonable financial provision out of an estate under the Inheritance (Provision for Family and Dependants) Act 1975.
Acted in an inheritance dispute over an estate worth £1.2m.
Instructed in a mediation of an inheritance dispute at the Society of Mediators (218 Strand) where the central issue was whether a lump sum payment had been a gift or a loan.

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