A co-author of the past two editions of Lewin on Trusts, James acts in contentious and non-contentious matters. He has particular experience of issues concerning trustee indemnities and the contractual arrangements involved on the retirement and appointment of new trustees. He also has significant experience of trust applications, particularly for rectification and for Beddoe relief. 

James has been acting for several years in the Tchenguiz litigation in the Guernsey Royal Court, which has led to two recent (2014) and high-profile decisions of the Guernsey Court of Appeal on the applicability and effect of Article 32 of the Trusts (Jersey) Law 1984.

In Chambers Global 2017 (Private Wealth: Trusts) it states that James is "Modest and unassuming, he is always excellent on paper and with clients. He explains matters clearly, calmly and succinctly and is right when it comes to predicting the outcomes of cases."

James is described in Chambers UK Bar 2017 (Chancery Traditional) as "James is always excellent on paper, and with clients he explains clearly, calmly and succinctly what needs to be done. He is right on his prediction of outcomes."

Legal 500 2016 (Private Client: Trusts & Probate) states him as "An outstanding junior, who is great to have on board in any matter".

Other recent work includes:

Glenn v Watson [2018] EWHC 2483 (Ch) – assessment of interest on equitable compensation following the setting aside of joint venture agreements; discussion of interest on trustee claims.

Oscatello v Investec Trust (Guernsey) Ltd, Royal Court of Guernsey – trial concerning former trustees’ personal liability to creditors, Article 32 of the Trusts (Jersey) Law 1984, substantial claims for breach of trust. Guernsey Court of Appeal 2013-2015 (several hearings). Privy Council 2017. See (2015-16) 18 I.T.E.L.R. 1 (2015-16) 18 I.T.E.L.R. 30 and [2018] 1 W.R.L. 1465). 

Rawlinson & Hunter Trustees SA v Investec Trust (Guernsey) Ltd, Guernsey Court of Appeal, September 2016 – strike out of claim for breach of trust as an abuse of process under the principle in Henderson v Henderson; summary judgment on claim concerning former trustees’ conduct of litigation (Decision upheld by the Privy Council, see [2018] 1 W.L.R. 1465). 

High Commissioner for Pakistan v National Westminster Bank plc [2016] EWHC 1465 (Ch) –James is currently acting for the Government of India in this dispute concerning funds transferred in 1948 and held ever since in the name of the first High Commissioner for Pakistan in the United Kingdom.

Gledhill v Arnold [2016] WTLR 653 – claim to rectification of will

Re A Settlement [2016] JRC 065 – appointment of new trustee where corporate trustee insolvent, and where trust instrument lost.

Lemos v Lemos [2015] EWHC 1537 (QB); [2016] EWCA Civ 1181 – freezing injunction granted over trust property in support of enforcement of foreign judgment.

Trustee N & Anr v Attorney-General & Ors [2015] SC (Bda) 50 – decision concerning the use of material disclosed within Beddoe proceedings.

In 2015, James advised beneficiaries of several trusts in relation to actions to be taken by the trustees in respect of French and US tax issues, led by Elizabeth Jones QC.

Schomberg v Taylor [2013] WTLR 1413 – James acted for the counterclaimant in a rare successful plea of undue influence in a probate claim.

Garnham v PC and others [2012] JRC 050 – dispute between executors and with beneficiaries as to administration of very substantial estate.

R v Walker [2012] 1 WLR 173 – James acted for the Crown as advocate in the Court of Appeal; application of confiscation order to an interest under a trust.

AA v B (2010) 13 ITELR 690 – effect of an exclusive jurisdiction clause in the context of an application by a trustee for directions.

Alhamrani v JPMorgan Trust Company – James represented the plaintiffs in this breach of trust claim in the Jersey Royal Court, which settled after 100 days of trial.

Freeman v Ansbacher Trustees 2009 JLR 1 – James acted for the defendant trustees in a claim for breach of trust, where the Jersey Court considered the rule against reflective loss.

Nicholls v Hudson [2007] WTLR 341 – application of the presumption of revocation of a will in a contentious probate claim.

Oscatello v Investec Trust (Guernsey) Ltd, Royal Court of Guernsey – trial concerning former trustees’ personal liability to creditors, Article 32 of the Trusts (Jersey) Law 1984, substantial claims for breach of trust. Guernsey Court of Appeal 2013-2015 (several hearings). Privy Council 2017. See (2015-16) 18 I.T.E.L.R. 1 (2015-16) 18 I.T.E.L.R. 30 and [2018] 1 W.L.R. 1465).

Rawlinson & Hunter Trustees SA v Investec Trust (Guernsey) Ltd, Guernsey Court of Appeal, September 2016 – strike out of claim for breach of trust as an abuse of process under the principle in Henderson v Henderson; summary judgment on claim concerning former trustees’ conduct of litigation (Decision upheld by the Privy Council, see [2018] 1 W.L.R. 1465).

Alhamrani v Alhamrani [2014] UKPC 37 – James was junior counsel in a claim in the BVI Commercial Division concerning the ownership of a Saudi company, and in appeals to the Eastern Caribbean Court of Appeal and to the Privy Council, and in related unfair prejudice proceedings.

Re A Settlement [2016] JRC 065 – appointment of new trustee where corporate trustee insolvent, and where trust instrument lost.

Consolidated Resources Armenia v Global Gold Corporation, Royal Court of Jersey, 2014 – application to stay a shareholders’ dispute and an unfair prejudice petition relying on contractual jurisdiction and arbitration clauses.

Garnham v PC and others [2012] JRC 050 – dispute between executors and with beneficiaries as to administration of very substantial estate.

AA v B (2010) 13 ITELR 690 – effect of an exclusive jurisdiction clause in the context of an application by a trustee for directions.

Alhamrani v JPMorgan Trust Company – James represented the plaintiffs in this breach of trust claim in the Jersey Royal Court, which settled after 100 days of trial.

Freeman v Ansbacher Trustees 2009 JLR 1 – James acted for the defendant trustees in a claim for breach of trust, where the Jersey Court considered the rule against reflective loss.