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James Rudall

James Rudall

  • Company Disputes
  • Contract Law
  • Insolvency & Bankruptcy
  • Planning
  • Professional Negligence
  • Property, Chancery & Trusts
  • Court of Protection
  • Wills & Probate

Summary

James is an experienced civil Barrister, who practises nationally, with much of his practise in London, Bristol, Birmingham and Cardiff. James is highly regarded by professional and lay clients alike and he receives regular instructions to appear in the High Court to deal with complex and high value cases.

Specialist areas of law include

  • Company Disputes
  • Contract Law
  • Insolvency & Bankruptcy
  • Planning
  • Professional Negligence
  • Property, Chancery & Trusts
  • Court of Protection
  • Wills & Probate

Profile description

Wills, probate and inheritance

James is experienced in advising on disputes relating Wills and Probate and has been advising on such matters since qualification as a solicitor in 2001. James has advised on validity of Wills, interpretation and construction of Wills, fraud and undue influence in the preparation of Wills. James has advised on the construction of Will clauses to include discretionary trusts and lifetime trusts. James has appeared in the High Court and the Probate Registry, and is regularly instructed in respect of disputes as to Wills. This area of law has been a regular part of James’s practice since he qualified as a solicitor in 2001. James has appeared numerously in the High Court and has experience in many mediations. James has acted for both claimant and defendant.

Property

James specialises in all aspects of property litigation and is experienced in dealing with cases involving boundaries, easements, prescriptive rights, covenants, adverse possession, leases (commercial and residential), Trusts of Land, Land Registration, Unregistered Land, mortgaged land and land charges. Since 2005, James has regularly undertaken advocacy in the High Court and the County Court and is also experienced in undertaking advocacy in HM Lands Tribunal. 

Business and commercial law

James is highly regarded by solicitors in this area. Since 2001, James has substantive experience in business and commercial law disputes and has undertaken many successful trials involving disputes involving tens of thousands of pounds to cases involving multi million pounds. James has appeared regularly in the High Court and County Court, in business and commercial matters and his experience includes company law disputes, partnership law, commercial agent disputes, insolvency and bankruptcy. James has recently completed a research master-of-laws (LLM), specialising in company law, which has strengthened his knowledge and expertise in this area.

Professional negligence

Since 2001, James has received instructions in this area of law and has brought and defended claims against professionals in the following disciplines; Building, Planning, Engineering and Architecture, Surveyors, Solicitors, Accountants, and Financial advisors.

Technology and construction

James has advised on numerous technology and construction cases involving complex expert evidence and has undertaken advocacy in the High Court and County Court in relation to construction and engineering disputes. James’s experience ranges from cases involving breach of contract and negligence relating to residential property to commercial disputes involving large building sites developed by supermarkets.

Public and administrative law

James has dealt with planning disputes and appeals, and lawful use applications. James has appeared before planning tribunals at local government and appeared in the High Court in planning appeals. James has also undertaken advocacy at Planning Tribunals and Appeals and has attended the magistrates court and Crown Court on quasi-civil matters involving breach of planning, licensing and environmental matters.

Court of Protection

Since his time as a solicitor, James has worked in this area of law. James has dealt with cases involving decisions on welfare and property, declarations as to capacity, deprivation of liberty in relation to a person’s care and residence arrangements, appointment and removal of deputies and dealing with applications as to the validity of LPAs or EPAs.

Costs

James has dealt with detailed assessments and regularly deals with costs. 

Road Traffic

James has appeared regularly in court representing both claimant and defendant in personal injury claims arising out of road traffic accidents.

Significant cases

Woolford v Woolford [2019] High Court, Cardiff District Registry (Subject - Company Law) - a dispute involving the allotment of shares, resignation of director and transfer of shares. James successfully defended the claim at trial.

Simpson v Simpson (Royal Courts of Justice) [2018] (Subject - Inheritance Act) – claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. Claimant brought claim for reasonable financial provision as a son of the Deceased. Claim involved eight siblings and was particularly in relation to the evidence as to the need for maintenance and future maintenance requirements. 

B S Five Holdings Limited v J D Hodgkinson [2016] High Court, Bristol District Registry (Subject – Land Registration, Covenants, Enforcement of Covenants) – The Claimant sought enforcement of a covenant that upon purchase of a lease the freehold reversion must be transferred to the Claimant by the Defendant, as owner of the freehold reversion. The case rested on construction of the covenant and Land Registration rules in relation to priority of interests. The Claimant was successful in obtaining a declaration and rectification of the land register on the grounds the freehold interest was held on trust for the benefit of the Claimant given the proper construction of the covenant contained in a long lease.

Ahmed v Ahmed (Oxford District Registry) [2015], High Court Oxford District Registry (Subject – Partnership Law, Trust of Land, Proprietary Estoppel, Constructive Trusts, Land Registration and property rights in land). This was a claim in respect of a property development business carried on as a partnership over a period of 30 years. Claimant was claiming property, which was registered in Defendants names, and which formed part of partnership business. Claimant claimed he was a beneficiary of property held under partner business pursuant to the principles of partnership law, constructive trust, and proprietary estoppel. The Claimant sought declarations and rectification of HM Land Registry to recognise his interests.

Education

• Cardiff University, Master of Laws (LLM) (Research based) 2018
• The Law Society, Higher Rights of Audience in All Proceedings 2005
• Cardiff University, Postgraduate Diploma in Legal Practice, 1998
• University of Law (Formerly the College of Law), Postgraduate Diploma in Law, 1997
• Cardiff University, BA (Hons), History, 1995

During 2018, whilst continuing in full time practice, James completed a Master of Laws (LLM), at Cardiff University, specialising in Company Law.

Memberships

• The Honourable Society of Gray’s Inn
• Chancery Bar Association

Testimonials

Ruth Clark

“I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” “I called Clerks Room Direct in February and two days later one of their barrister’s Stephen David, was representing me in court. From my first phone call to Rory I felt that I was in safe hands.” Read more Read less

Saleem

“The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” “The clerks were promptly aware of my requirements and were able to recommend a number of specialist barristers at competitive prices.” Read more Read less

Natalie Ryan

“The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” “The speed and quality of the service was astounding. I was recommended two extremely qualified, competent experts to discuss my matter with and had a telephone consultation within 24 hours.” Read more Read less

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Contact James today
  • Go direct to save on solicitors’ fees
    Go direct to save on solicitors’ fees
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  • 1000+ barristers: all direct access specialists
    1000+ barristers: all direct access specialists
  • Save up to 42% with fixed costs
    Save up to 42% with fixed costs
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    Why Clerksroom Direct?
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