Profile

James Davin LLB (Hons) LLM; Solicitor: 2007; Solicitor-Advocate: 2009 (All Proceedings); Barrister: 2019

BACKGROUND

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 and finances, and cases involving loss arising from negligence. This page highlights some of the services that he offers directly to members of the public and to the wider business community.

CLINICAL NEGLIGENCE & PROFESSIONAL NEGLIGENCE

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 damaging effect on health and 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 than an injured party. 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 claims against professionals for negligence. He is a member of the Professional Negligence Bar Association.

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 clinical negligence (e.g. misdiagnoses, failure to treat). Ideally, advice should be sought as soon as possible. But whatever stage a client is at, taking expert advice from James will not only give you peace of mind, it will also give you more options and greater control over the outcome.

PERSONAL INJURY & OTHER LIABILITY CLAIMS

James is a member of the Personal Injuries Bar Association. His areas of expertise include-

• Road traffic accidents, accidents on other people’s property (occupiers’ liability), and accidents on the public highway and public property (public liability cases)

• All types of employers’ liability claims e.g. repetitive strain injury cases, manual handling cases, slips and trips in the workplace, accidents at height, accidents on construction sites and accidents involving work equipment

• Product liability claims

CONSUMER PROTECTION

James provides advice and representation in relation to regulated financial services agreements and consumer contracts, including:

• Mis-sold PCP car finance, timeshare, leaseholds, solar panels. pensions, investments, and various other "secret commission" claims

• Travel, packaged travel, and holiday claims

• Flight delay claims

HOUSING & TENANTS

James provides advice, representation, and drafting services to homeowners, landlords and tenants in relation to various areas including:

• Housing Disrepair Claims

• Cavity Wall Claims

• Tenancy Deposit Claims

• Building Disputes

• Boundary Disputes

• Possession Proceedings

• Harassment and unlawful eviction claims

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

INHERITANCE ACT CLAIMS & WILL DISPUTES

James has significant experience of cases involving disputes relating to Wills, Probate, Trusts. He is an affiliate member of the prestigious 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.

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

• Actions against personal representatives and trustees who have mismanaged an estate or squandered assets

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 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.

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 is known amongst his peers and clients for being strategic and incisive

• James provides a prompt and efficient turnaround of paper-based instructions

• James provides a robust, but measured approach to resolving disputes

James is known by his peers and clients for providing a strategic approach to resolving disputes, that is backed up by thorough preparation. Rather than formulating a tactical approach to try and win a case, James employs a more strategic approach on which genuinely successful outcomes are based. In every case, James plans a course of action (modified as the need arises) that balances short term gains with a consideration of “the bigger picture” and the long game. This approach ensures that Pyrrhic victories are avoided, and that a client always 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.

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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