Property and Estates
James practices across a broad range of property and chancery work with experience of advisory work, drafting and advocacy. He has a particular interest in landlord and tenant law, including the particular issues arising on historic ground rent claims. His practice also includes litigation arising out of conveyancing both in its own right and through professional negligence claims against solicitors.
He has a significant probate practice encompassing the Inheritance Act, applications to remove executors, construction of wills, and contentious probate. When acting in Inheritance Act claims he is able to use the analytical skills he learned as an accountant.
James is authorised to accept instructions direct from businesses, professionals and individuals under the Direct Access Scheme.
Recent work has included:
- Successfully representing a vendor in defending a claim for the return of a deposit in a conveyancing transaction where the vendor’s notice to complete was defective
- Representing the successful claimant in a week long trial concerning whether a sitting tenant was protected under the 1954 Act and the Standard Conditions of Sale. The claimant had purchased the property having been advised it was a residential tenant. The claim was brought against both the tenant and the vendor and succeeded against both
- Representing a beneficiary under a will in a two day trial under the Inheritance Act which involved consideration as to the extent of “reasonable” needs and whether parents could be said to have assumed responsibility to look after an adult child who had simply never left home
- Representing the defendant beneficiary in an Inheritance Act claim based on living together and financial dependency from initial advice through to a successful mediation
- Successfully removing an executor on the grounds of misconduct.
2nd Sep 2016
In the matter of D sub nom I v D (By his litigation friend the Official Solicitor), James Davies examines the approval of new guidance proposed by the Official Solicitor on the approach to be taken in Statutory Wills and dispensing with service.
Leading junior who receives praise for his expertise in commercial disputes and property matters. He is noted for his expertise in cases concerning guarantees, partnerships and franchises. He is also frequently instructed in both corporate insolvency and individual bankruptcy cases. He regularly appears in the Bankruptcy Court, High Court and the County Courts.
"James gives very down-to-earth practical advice and is very approachable – you can always pick up the phone and run things past him." "The judges tend to like him a lot because he's very good at explaining the key issues and honing in on the areas that are particularly relevant to a claim."
Recent work: Appeared in Evans v Carter and Carter, acting for the trustee in bankruptcy in an application for an order of sale which raised complex unjust enrichment issues.
Chambers UK 2019/Commercial Dispute Resolution
Strengths: "He has very broad expertise and a huge amount of knowledge. The clients like him." "His knowledge of the relevant case law is second to none."
Chambers UK 2018/Commercial Dispute Resolution
'Renowned for his commercial dispute and property work. His areas of expertise include guarantees, partnerships and franchises. He also has a dedicated insolvency practice focusing on corporate insolvency and personal bankruptcy.
Strengths: "He is very meticulous in his advice and good at identifying key issues quickly. He's a wonderful technical advocate who has an excellent client manner, he puts people at ease and explains things very clearly." "He has a very patient, calm manner in cross-examination, and he's very methodical." '
Chambers UK 2017/Commercial Dispute Resolution
'Frequently advises and appears in a wide range of commercial and property matters. He has particular expertise in issues relating to guarantees, partnerships and franchises.'
Chambers UK 2016/Commercial Dispute Resolution
'Highly sought after for all kind of business disputes. He has particular expertise in relation to franchises, partnerships and guarantees.
Expertise: "He's brilliant on detail. He's particularly good where there's a debate over figures or where there's issues over deals involving complex transactions." "He is thorough, well prepared, accessible and always successful!"'
Chambers UK 2015/Commercial Dispute Resolution
'Intrepid and imaginative' and 'very client-friendly'.
Legal 500 2018/19/Commercial - Tier 1
‘Fearless and clever.’
Legal 500 2017/Commercial, banking, insolvency and chancery law – Leading juniors.
'Excellent to work with, he is methodical and thorough in high-value commercial disputes.'
Legal 500 2016/Commercial, banking, insolvency and chancery law – Leading juniors.
'He is quick to provide current, practical and commercially astute solutions to clients'
Legal 500 2015/Commercial, banking and insolvency – Leading juniors.
‘recommended for commercial disputes and insolvency matters’.
Legal 500 2013/14/Commercial and Chancery.
- BA (Oxon)
- BCL (Oxon) (Distinction)
- Lord Denning Scholar (Lincolns Inn 2003)
Professional qualifications & appointments
- Fellow Chartered Accountant
- Member of the Association of Business Recovery Professionals
- ADR Group Mediator
- Chancery Bar Association
- Professional Negligence Bar Association (PNBA)
James Davies is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information
Permission to Challenge a Trustee in Bankruptcy’s Remuneration
James Davies analyses the case of Singh v Hicken  EWHC 3277 (Ch); an appeal against the decision of a County Court judge refusing permission to Mr Singh, ...Read more
James Davies chosen to be expert assessor in Vienna at IBA’s hosted competition on Mediation and Negotiation
James Davies is acting as an expert assessor at the International Bar Association – Vienna International Arbitration Centre Mediation and Negotiation Competit...Read more
James Davies examines "The Importance of Making a Will and Tricky Issues" in LexisNexis Webinar
James Davies appeared in a LexisNexis Webinar entitled “The Importance of Making a Will and Tricky Issues”. James talked about statutory wills, in the con...Read more