Profile

James Davin LLB (Hons) LLM (2009 Bar Equivalent Rights)

Solicitor: 2007; Solicitor-Advocate: 2009 (All Proceedings); Barrister: 2019

Copy and paste this link into your browser for a more complete profile: https://direct-access-barrister.jamesdavin.com/direct-access-barrister-manchester


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. He therefore has extensive experience of preparing cases for litigation, not just as an advocate, but as a litigator and the first point of contact for clients. Over the years, he has assisted many clients through every stage of the dispute resolution process. He fully understands the needs and demands that litigants in person face. He also understands the wider implications of a course of action, including post-dispute relationships, and the need to protect a client’s cost position.

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. In real terms, he has exercised Bar equivalent rights for over 11 years.

James never loses sight of the fact that the legal process can be a terrifying experience, with lives on hold and seemingly endless uncertainty. James understands the hidden costs of disputes. He aims to bring a successful closure to disputes in an efficient and cost-effective manner. His expertise and experience are balanced by a grounded approach. He provides direct, expert advice that you can rely on.


PRACTICAL HELP

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…

• 20 years of continuous legal experience, assisting clients at every stage of the litigation process, not limited to attending court hearings. Many appreciate the added value that this more "client focused", holistic, well rounded experience can bring to resolving disputes.

• A focus on “the bigger picture”. This involves a careful assessment of what will be achieved by winning, and what it will cost to achieve that win. The emotional and financial costs of failing to "choose battles" carefully in the context of civil litigation can be devastating. He can provide a much-needed independent perspective on how to progress matters. This can range from robust pre-trial applications, to negotiating terms of settlement. James's objective is to achieve the best possible overall outcome in a case.

• Litigation services available, in suitable cases. 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 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.

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.


LAND & PROPERTY

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

• Easements

• Unlawful eviction

• Adverse Possession

• Trespass and boundary disputes

• Nuisance


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


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 a member of The Chancery Bar Association.

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

FURTHER REASONS TO INSTRUCT JAMES...

James has nationwide practice. He has helped hundreds of clients over the years to secure justice and the outcome that they deserve. He 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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