UA-172871344-1
LITIGANTS IN PERSON:
 Learn the benefits of directly instructing a specialist barrister...
LITIGANTS IN PERSON: Learn the benefits of directly instructing a specialist barrister...

James Davin

Property & Estates Barrister

  • Expert Advice
  • Fixed Fees
  • Proven Track Record 

Some previous cases...

Brady v Hannon [2022]

James successfully applied for the removal of a Personal Representative before Deputy Master Dray at a final hearing of a Part 8 claim at the Royal Courts of Justice. At earlier hearings of the same case, James successfully argued for an Order for Sale of a probate property in the estate under the authority of a Limited Grant (before Deputy Master Nurse), and for the appointment of an Independent Professional Personal Representative (Solicitor) to oversee the administration and distribution of the estate at the conclusion of the proceedings (before Deputy Master Brightwell, as he then was).

Hellfire Entertainment Limited v Acimar Limited [2021] EWHC 1077 (Ch):

Is it always safe to assume in business that parties can freely discuss joint ventures, and that a signed contract is needed before property interests are created? Can an interest in commercial property be created following an alleged oral agreement and email representations, or is a discrete written contract always necessary? In business dealings, when do discussions to acquire property lead to binding obligations? In this case, James successfully represented the Defendant/ Respondent in an appeal before the Vice Chancellor, Mr Justice Snowden (as he then was), that dealt with the above questions.

The Law Society v Dua et al [2020] EWHC 3528 (Ch):

James assisted the successful Defendant litigants in person to prepare for a complex trial before Mr Hugh Sims KC (sitting as a Deputy Judge of the High Court). The case involved issues relating to enforcement of judgment debts against the beneficial interest in the marital home, abuse of process, and the protection afforded by a Trust Deed. The Claimant’s application for an Order for Sale of several properties worth approximately £3,000,000.00 was dismissed.

James Davin

Property & Estates Barrister

pragmatic, results focused advice & representation
reasons to instruct James: 
Experienced... 

James has extensive experience of working directly with clients, without the involvement of a Solicitor. James practised as a Solicitor for 12 years prior to being called to the Bar. James has extensive experience of preparing cases for litigation, not just as an advocate, but as a litigator dealing with day-to-day case preparation, and as the first point of contact for clients. James is the former owner of a law firm that specialised in private client and property cases. James never loses sight of the fact that the legal process can be a terrifying experience, with lives on hold and seemingly endless uncertainty. Many appreciate the added value that my "client focused", holistic, well-rounded experience can bring to resolving disputes.

Pragmatic... 

James brings a wealth of practical knowledge and experience from his role as a Solicitor and Solicitor-Advocate to his practice at the Bar. James fully understands the needs and demands that litigants in person face. James also recognises the wider implications of a course of action, including post-dispute relationships, and the need to protect a client’s cost position. James always considers the “bigger picture” in resolving disputes. 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. James can provide a much-needed independent perspective on how to progress matters. His objective is to achieve the best possible overall outcome in a case.

Effective...

Over the years, James has assisted many clients through every stage of the dispute resolution process. James understands the hidden costs of disputes. James's aim 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.

Practice Areas...

James provides specialist advice and representation for litigants in person in disputes relating to Property and Estates, and associated Tax issues-

LAND & PROPERTY

  • Residential & Commercial Conveyancing Disputes e.g. contracts of sale, transfers, options, rights of pre-emption, overage clauses
  • ​Restrictive Covenants e.g. construction/ interpretation, enforcement or removal
  • Easements e.g. rights of way, rights of light, rights of drainage, rights of support
  • Boundaries & Trespass
  • Adverse Possession
  • ​Nuisance e.g. tree roots, water contamination, noise, smoke
  • ​Land Registration e.g. applications to the First Tier Tribunal (Property) Chamber for alteration & rectification of the Register, priority of interests 
  • Mortgages & Charges e.g. priority issues, undue influence, lender’s duties, charging orders, orders for sale
  • Residential Co-ownership Disputes e.g. claims by joint owner occupiers or sole owner cohabitees to establish beneficial interests under a constructive trust or resulting trust, equitable accounting, TOLATA 
  • ​Trusts of Land & Proprietary Estoppel 
  • ​Commercial Joint Venture & Partnership Disputes e.g. claims based on breach of contract, constructive trust ("Pallant v Morgan Equity”)
  • ​Building & Construction Disputes
  • ​Property Development & Development Rights
  • ​Professional Liability

LANDLORD & TENANT

  • Residential & Commercial Landlord & Tenant 
  • ​Assignment & Underletting (leasehold restrictive covenants against “alienation”)
  • ​Variation of Leases
  • ​Renewal of Business Tenancies i.e. “1954 Act renewals” (Landlord Tenant Act 1954)
  • ​Options 
  • ​Breach of Covenants
  • ​Termination of Commercial Leases e.g. claims for possession & forfeiture, relief & waiver, surrender, disclaimer, break clauses
  • ​Termination of Contractual Tenancies
  • ​Residential Possessions
  • Mesne Profits & Damages for Trespass 
  • ​Interim Injunctions 
  • ​Enforcement
  • ​​Disrepair & Dilapidations 
  • ​Building Safety
  • ​Alterations & Improvements to the fabric of a building
  • ​Mixed Use Buildings 
  • ​Agricultural Holdings Act 1986 i.e. the “succession rules”
  • ​Agricultural Tenancies Act 1995 i.e. farm business tenancies
  • ​Service charges and leasehold management
  • ​Leasehold Enfranchisement and Lease Extensions
  • ​Rent Reviews 
  • ​Licences

WILLS & INHERITANCE

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Inheritance claims based on promises to leave assets by Will, “death bed gifts”, setting aside lifetime gifts for undue influence or lack of capacity
  • Passing over, substituting, and removing Executors & Trustees 
  • ​Claims against Personal Representatives & Trustees who have mismanaged / squandered estate or trust assets 
  • ​Advising on the powers & duties of Executors & Trustees
  • ​Construction (interpretation) and rectification of Wills & Trusts  
  • ​Challenges to Wills on the grounds of lack of mental and testamentary capacity, undue influence, lack of knowledge and approval, fraud, forgery
  • ​Breaches of Trust and Fiduciary Duty
  • ​Intestate Estates 
  • ​Proprietary Estoppel and Constructive Trusts 
  • ​Probate & Trusts court applications e.g. pre-emptive costs orders to protect Executors & Trustees from personally incurring litigation costs and/or to protect them when distributing assets, Interim injunctions, Disclosure Orders
  • ​Tax & Estate Planning
  • ​IHT & CGT
  • ​Taxation of Trusts & Estates 
  • ​Tax Exemptions & Reliefs
  • ​Foreign Income & Assets 

Practical Help...

James can provide expert assistance with the following...

Advocacy

  • James can represent you at court at a single hearing such as a trial. This will involve you dealing with all the administration and preparation in your case, but at the same time allow you to manage costs.
  • James can also become more involved by attending all hearings in your case as appointed counsel. The benefits of this approach are not only in the continuity and familiarity that it brings. James will then have the opportunity of developing a case strategy by representing you at selected pre-trial hearings e.g. a disclosure application. This can guide the overall direction of your case and is likely to increase its prospects of success. 
  • If you have lost your case after representing yourself at a final hearing or trial and are appealing the decision, James can represent you at the appeal hearing. Due to the costs implications of losing an appeal, you are likely to benefit from James's advice in the first instance as to whether there is merit in challenging the decision, and whether the prospects of success justify pursuing the appeal (see “Advice” section).  

Drafting

  • The professional preparation of key documents can strongly influence the outcome of your case. James can assist by reviewing your documents and/or preparing documents for you such as Particulars of Claim, Defences and Counterclaims, Witness Statements, Case Summaries, Skeleton Arguments, and so on. Cases are often won due to the strength of properly prepared pre-trial documents.
  • Strict procedural requirements apply to documents in the civil courts. Your case may be either weakened, or even struck out, if you fail to abide them. The Supreme Court has confirmed that these  strict procedural requirements apply to both represented parties and litigants in person. This is important to bear in mind.
  • Apart from preparing your documents in the first instance, James can also help you to adopt a more pro-active approach to managing your case, by reviewing your opponent's documents and drafting documents to counter or challenge them.

Advice

  • Litigants in person often feel that they are navigating a "legal maze". Unfamiliar terminology, complicated forms, and procedural rules that you are simply expected to know, can add to the stress and uncertainty of proceedings. You can instruct James to either provide ad hoc advice, or to guide the overall preparation of your case. 
  • James can provide you with either oral or written advice in relation various matters including advice on the merits of your case/ its prospects of success, advice on the evidence e.g. what preparatory steps to take and why, advice regarding pre-trial tactics and trial strategy, advice on what pitfalls and traps to avoid, advice regarding the merits of appealing a decision, and so on.
  • On occasions, James's advice has resulted in what could be described as a "knockout blow" to an opponent's case by the appropriate use of pre-trial applications. But whatever the nature of your case, James can assist by spotting the opportunities in your case as they arise and turning them to your advantage. 

Instructing James...

To make an initial enquiry, please send your contact details to James's clerk on the Contact Form that can be accessed below. At the enquiry stage, you will be invited to provide copies of your documents, and your queries will be addressed insofar as possible. The main aim at the enquiry stage is to identify your requirements and to establish if/ how James can help you. Not all cases are suitable for James to accept directly without a Solicitor. If James is unable to accept your instructions on a direct access basis, he may suggest the name of a Solicitor or other professional who may be able to assist.

  • Expert Advice
  • Fixed Fees
  • Proven Track Record
Pragmatic, Results Focused Advice & Representation
reasons to instruct James: 
Experienced... 

James has extensive experience of working directly with clients, without the involvement of a Solicitor. James practised as a Solicitor for 12 years prior to being called to the Bar. James has extensive experience of preparing cases for litigation, not just as an advocate, but as a litigator dealing with day-to-day case preparation, and as the first point of contact for clients. James is the former owner of a law firm that specialised in private client and property cases. James never loses sight of the fact that the legal process can be a terrifying experience, with lives on hold and seemingly endless uncertainty. Many appreciate the added value that my "client focused", holistic, well-rounded experience can bring to resolving disputes.

Pragmatic...

James brings a wealth of practical knowledge and experience from his role as a Solicitor and Solicitor-Advocate to his practice at the Bar. James fully understands the needs and demands that litigants in person face. James also recognises the wider implications of a course of action, including post-dispute relationships, and the need to protect a client’s cost position. James always considers the “bigger picture” in resolving disputes. 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. James can provide a much-needed independent perspective on how to progress matters. His objective is to achieve the best possible overall outcome in a case.

Effective...

Over the years, James has assisted many clients through every stage of the dispute resolution process. James understands the hidden costs of disputes. James's aim 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.

Some previous cases...

Brady v Hannon [2022]

James successfully applied for the removal of a Personal Representative before Deputy Master Dray at a final hearing of a Part 8 claim at the Royal Courts of Justice. At earlier hearings of the same case, James successfully argued for an Order for Sale of a probate property in the estate under the authority of a Limited Grant (before Deputy Master Nurse), and for the appointment of an Independent Professional Personal Representative (Solicitor) to oversee the administration and distribution of the estate at the conclusion of the proceedings (before Deputy Master Brightwell, as he then was).

Hellfire Entertainment Limited v Acimar Limited [2021] EWHC 1077 (Ch):

Is it always safe to assume in business that parties can freely discuss joint ventures, and that a signed contract is needed before property interests are created? Can an interest in commercial property be created following an alleged oral agreement and email representations, or is a discrete written contract always necessary? In business dealings, when do discussions to acquire property lead to binding obligations? In this case, James successfully represented the Defendant/ Respondent in an appeal before the Vice Chancellor, Mr Justice Snowden (as he then was), that dealt with the above questions.

The Law Society v Dua et al [2020] EWHC 3528 (Ch):

James assisted the successful Defendant litigants in person to prepare for a complex trial before Mr Hugh Sims KC (sitting as a Deputy Judge of the High Court). The case involved issues relating to enforcement of judgment debts against the beneficial interest in the marital home, abuse of process, and the protection afforded by a Trust Deed. The Claimant’s application for an Order for Sale for several properties (valued in excess of £3,000,000.00) was dismissed.

Practice Areas...

James provides specialist advice and representation for litigants in person in disputes relating to Property and Estates, and associated Tax issues-

LAND 
PROPERTY

  • Residential & Commercial Conveyancing Disputes e.g. contracts of sale, transfers, options, rights of pre-emption, overage clauses
  • ​Restrictive Covenants e.g. construction/ interpretation, enforcement or removal
  • ​Easements e.g. rights of way, rights of light, rights of drainage, rights of support
  • Boundaries & Trespass
  • Adverse Possession
  • Nuisance e.g. tree roots, water contamination, noise, smoke
  • ​​Land Registration e.g. applications to the First Tier Tribunal (Property) Chamber for alteration & rectification of the Register, priority of interests 
  • ​Mortgages & Charges e.g. priority issues, undue influence, lender’s duties, charging orders, orders for sale
  • Residential Co-ownership Disputes e.g. claims by joint owner occupiers or sole owner cohabitees to establish beneficial interests under a constructive trust or resulting trust, equitable accounting, TOLATA 
  • ​Trusts of Land & Proprietary Estoppel 
  • ​Commercial Joint Venture & Partnership Disputes e.g. claims based on breach of contract, constructive trust ("Pallant v Morgan Equity”)
  • ​Building & Construction Disputes
  • ​Property Development & Development Rights
  • ​Professional Liability

LANDLORD
&
TENANT

  • Residential & Commercial Landlord & Tenant 
  • Assignment & Underletting (leasehold restrictive covenants against “alienation”)
  • ​Variation of Leases
  • ​​Renewal of Business Tenancies i.e. “1954 Act renewals” (Landlord Tenant Act 1954)
  • ​Options 
  • ​Breach of Covenants
  • ​Termination of Commercial Leases e.g. claims for possession & forfeiture, relief & waiver, surrender, disclaimer, break clauses
  • ​Termination of Contractual Tenancies
  • ​Residential Possessions
  • Mesne Profits & Damages for Trespass 
  • ​​Interim Injunctions 
  • ​Enforcement
  • ​Disrepair & Dilapidations 
  • ​Building Safety
  • ​Alterations & Improvements to the fabric of a building
  • ​Mixed Use Buildings 
  • ​​Agricultural Holdings Act 1986 i.e. the “succession rules”
  • ​Agricultural Tenancies Act 1995 i.e. farm business tenancies
  • ​Service charges and leasehold management
  • ​Leasehold Enfranchisement and Lease Extensions
  • ​Rent Reviews 
  • ​​Licences

WILLS
& 
INHERITANCE 

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Inheritance claims based on promises to leave assets by Will, “death bed gifts”, setting aside lifetime gifts for undue influence or lack of capacity
  • Passing over, substituting, and removing Executors & Trustees 
  • ​Claims against Personal Representatives & Trustees who have mismanaged / squandered estate or trust assets 
  • ​Advising on the powers & duties of Executors & Trustees
  • ​Construction (interpretation) and rectification of Wills & Trusts  
  • ​Breaches of trust and fiduciary duty
  • ​Challenges to Wills on the grounds of lack of mental and testamentary capacity, undue influence, lack of knowledge and approval, fraud, forgery
  • ​​Breaches of Trust and Fiduciary Duty
  • ​Intestate Estates 
  • ​Proprietary Estoppel and Constructive Trusts 
  • ​​Probate & Trusts court applications e.g. pre-emptive costs orders to protect Executors & Trustees from personally incurring litigation costs and/or to protect them when distributing assets, Interim injunctions, Disclosure Orders
  • ​Tax & Estate Planning
  • ​IHT & CGT
  • ​Taxation of Trusts & Estates 
  • ​Tax Exemptions & Reliefs
  • ​Foreign Income & Assets 

Practical Help...

James can provide you with expert assistance with the following...

Advocacy

  • James can represent you at court at a single hearing such as a trial. This will involve you dealing with all the administration and preparation in your case, but at the same time allow you to manage costs.
  • James can also become more involved by attending all hearings in your case as appointed counsel. The benefits of this approach are not only in the continuity and familiarity that it brings. James will then have the opportunity of developing a case strategy by representing you at selected pre-trial hearings e.g. a disclosure application. This can guide the overall direction of your case and is likely to increase its prospects of success. 
  • If you have lost your case after representing yourself at a final hearing or trial and are appealing the decision, James can represent you at the appeal hearing. Due to the costs implications of losing an appeal, you are likely to benefit from James's advice in the first instance as to whether there is merit in challenging the decision, and whether the prospects of success justify pursuing the appeal (see “Advice” section).  

Drafting

  • The professional preparation of key documents can strongly influence the outcome of your case. James can assist by reviewing your documents and/or preparing documents for you such as Particulars of Claim, Defences and Counterclaims, Witness Statements, Case Summaries, Skeleton Arguments, and so on. Cases are often won due to the strength of properly prepared pre-trial documents.
  • Strict procedural requirements apply to documents in the civil courts. Your case may be either weakened, or even struck out, if you fail to abide them. The Supreme Court has confirmed that these strict procedural requirements apply to both represented parties and  litigants in person. This is important to be bear in mind.
  • Apart from preparing your documents in the first instance, James can also help you to adopt a more pro-active approach to managing your case, by reviewing your opponent's documents and in certain cases preparing documents to counter or challenge them.

Advice

  • Litigants in person often feel that they are navigating a "legal maze". Unfamiliar terminology, complicated forms, and procedural rules that you are simply expected to know, can add to the stress and uncertainty of proceedings. You can instruct James to either provide ad hoc advice, or to guide the overall preparation of your case. 
  • James can provide you with either oral or written advice in relation various matters including advice on the merits of your case/ its prospects of success, advice on the evidence e.g. what preparatory steps to take and why, advice regarding pre-trial tactics and trial strategy, advice on what pitfalls and traps to avoid, advice regarding the merits of appealing a decision, and so on.
  • On occasions, James's advice has resulted in what could be described as a "knockout blow" to an opponent's case by the appropriate use of pre-trial applications. But whatever the nature of your case, James can assist by spotting the opportunities in your case as they arise and turning them to your advantage. 

Instructing James...

To make an initial enquiry, please send your contact details to James's clerk on the Contact Form that can be accessed below. At the enquiry stage, you will be invited to provide copies of your documents, and your queries will be addressed insofar as possible. The main aim at the enquiry stage is for James to identify your requirements and to establish if/ how he can help you. Not all cases are suitable for James to accept directly without a Solicitor. If James is unable to accept your instructions on a direct access basis, he may suggest the name of a Solicitor or other professional who may be able to assist.

 James Davin is authorised and regulated by the Bar Standards Board I Authorised to accept Direct Access Instructions I Authorised to Conduct Litigation I James Davin provides his legal services directly to members of the public through TREASURY CHAMBERS LIMITED I TREASURY CHAMBERS LIMITED is authorised and regulated by the Bar Standards Board I Bar No 186332  I Registered Office 82 King Street, Manchester, M2 4WQ I Company Registration Number 12258905 I Copyright © 2025 
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