ProfileJames Davin LLB (Hons) LLM (2009 Bar Equivalent Rights)
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 over 12 years of advocacy and litigation experience as a solicitor. He is the former Principal and owner of his own Solicitor’s firm that amongst other things specialised in dispute resolution and litigation.
In 2009, James earned the Law Society’s Higher Rights of Audience (All Proceedings) qualification. This authorised him to perform the same role as a Barrister, and in the same courts, but with a different job title (“Solicitor-Advocate”). Since then, James has conducted countless trials and hearings at various courts, including the Crown Court and the High Court, and beyond. He has an excellent track record in achieving settlements and succeeding at trials. In real terms, he has exercised Bar equivalent rights for over 10 years. 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 specialises in resolving disputes relating to property, inheritance, and businesses. He can assist you in several ways, including:
• Providing a written and/or verbal Opinion regarding the strengths and weaknesses of your case (including pointers regarding how to improve its prospects of success)
• Drafting documents and (in suitable cases) corresponding with third parties on your behalf
• Representing you at court hearings
SOME REASONS TO INSTRUCT JAMES…
• In addition to offering advocacy, drafting, and advisory services, James is one of the few Barrister who is also authorised to conduct litigation. This means that in appropriate cases he can assist you with preparing and filing documents with the court and third parties, dealing with correspondence on your behalf, and go "on the court record" as your legal representative. He can therefore assist you outside of the courtroom by performing the same tasks as a solicitor. Many clients value this additional assistance and are pleased to be relieved of the burden of dealing with unfamiliar and complicated court orders, documents, and stressful correspondence. Often the contents of documents and correspondence that are served on the other side and the court can strongly influence, if not determine, the outcome of a case. James's many years of practical experience as a Solicitor allow him to deal with litigation papers in prompt, efficient, and effective manner.
• James has an excellent track record in achieving settlements and succeeding at trials
• James provides a prompt and efficient turnaround of paper-based instructions
• James provides a robust, but measured approach to resolving disputes
James always considers the “the bigger picture”. This ensures that Pyrrhic victories are avoided, and that a client achieves the best possible overall outcome in their case.
The law can be complicated. James defines his role as connecting his expertise with his client’s goals so that they are better able to define their future, and the future of those people that matter to them the most.
This page highlights some of the services that James offers directly to members of the public and to the wider business community.
INHERITANCE ACT CLAIMS & WILL DISPUTES
James has significant experience of cases involving disputes relating to Wills, Probate, Trusts. He is a member of The Chancery Bar Association. He is also an affiliate member of the Society of Trusts and Estate Practitioners (STEP), the leading worldwide professional body for practitioners in the fields of trusts, estates and related issues. When James owned his own Solicitor’s firm, he was responsible for it being awarded The Law Society’s Wills and Inheritance Quality Scheme (WIQS) accreditation in recognition of his expertise and high standards.
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 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-
• Claims based on the Inheritance (Provision for Family and Dependants) Act 1975
• Representing spouses, cohabitees, dependants and adult children claiming against estate
• Challenges to the validity of wills based on various heads of claim including lack of due execution, lack of capacity, fraud, undue influence or lack of knowledge and approval
• Actions against trustees and personal representatives following breaches of trust and fiduciary (as well as acting for defendant beneficiaries in resisting such claims)
• Applications for the removal of trustees and executors
• Actions against personal representatives and trustees who have mismanaged an estate or squandered assets
James provides advice, representation, and drafting services to homeowners, landlords and tenants in relation to various areas including:
• Possession Proceedings
• Boundary Disputes
• Building Disputes
• Harassment and unlawful eviction claims
• Leases e.g. breach of covenant and forfeiture, service charge disputes, and so on
• Trusts of Land
• Unlawful eviction
• Adverse Possession
• Trespass and boundary disputes
CO-OWNERSHIP DISPUTES & TOLATA CLAIMS
Areas of expertise include-
• Claims by joint owners or sole owners to establish beneficial interests under constructive trusts or resulting trusts
• Joint debts on separation (married or unmarried etc)
• Proprietary estoppel claims
• Equitable accounting and equitable exoneration claims
BUSINESS & COMMERCIAL LAW
James has assisted many clients through various stages of business and commercial disputes. He aims to bring a successful closure as swiftly and economically as possible.
Areas of experience include:
• Disputes relating to directors, shareholders, and partners
• Breach of contract
• Debt and insolvency
• Drafting commercial agreements
James is familiar with the devastating and life changing effects that can be caused when professionals fail to perform their duties to the required standard. The sense of betrayal and breach of trust is usually the tip of the iceberg. There is usually far reaching consequential loss, and a heavy emotional price to pay that can have a further damaging effect on physical health and mental well-being.
The imbalance of power between the parties can also make matters worse. A professional defendant will usually have greater knowledge and resources available to them. To level the playing field, taking independent expert advice from a Barrister with experience, expertise, and a real passion for justice, is essential. James has significant experience of successfully bringing claims against professionals for negligence.
James deals with all varieties of professional negligence but has particular experience in relation to solicitor negligence (e.g. conveyancing, wills, and probate cases), and the negligence of accountants and financial advisers (e.g. incorrect tax advice, and recommending unsuitable investments). Ideally, advice should be sought as soon as possible. But whatever stage your case is up to, taking expert advice from James will not only give you peace of mind, it will also help you to understand your options and is likely to give you greater control over the outcome.
FURTHER REASONS TO INSTRUCT JAMES...
James brings a wealth of practical knowledge and experience from his former roles as a Solicitor and Solicitor-Advocate to his practice at the Bar. Over the years, James has assisted many clients through every stage of the dispute process. He understands the hidden costs of disputes and aims to bring a successful closure in an efficient, cost effective manner. James's expertise and experience are balanced by a grounded approach. He provides direct, expert advice that you can rely on.
James has nationwide practice and is happy to travel. He has helped hundreds of clients over the years to secure justice and the outcome that they deserve. James provides pragmatic, results focused, solution driven advice and representation. When instructed, he will fight to win on your behalf. It is what he is known for, and what he does best.
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