James Davin

James is instructed by landowners, landlords and tenants (commercial and residential), developers, corporate bodies, local authorities, social housing providers, and owner-occupiers, in all aspects of land and property law. His experience includes (but is not limited to) cases involving the following:

• Commercial and residential landlord & tenant 
• Trusts of Land e.g TOLATA, co-ownership disputes, proprietary estoppel claims, equitable accounting and equitable exoneration claims, resulting trusts, constructive trusts, commercial “joint ventures” (Pallant v Morgan trusts)
• Estoppel and equitable rights e.g. proprietary estoppel
• Building and construction disputes
• Property development & development rights
• Conveyancing disputes e.g. contracts of sale, options, rights of pre-emption 
• Mortgages, charges, charging orders and securitisation
• Restrictive covenants e.g. construction, enforcement
• Overage agreements 
• Business tenancy renewals
• Property torts e.g. trespass, nuisance
• Registration and rectification of the Register (Registered & Unregistered Land)
• Third-party walls
• Adverse possession, boundaries & easements e.g. rights of way, rights of light, rights of drainage, rights of support
• Village greens, commons & manorial rights
• Rent reviews and service charge disputes
• Leasehold enfranchisement

James has a broad advisory and litigation practice which covers all major areas of UK revenue law, but with a particular focus on capital taxes.

Some examples of the variety of cases undertaken include:

• Representing spouses, cohabitees, dependants, and adult children claiming against estates
• Representing personal representatives and defendant beneficiaries in resisting claims
• Advising on lifetime planning in anticipation of post-death claims by adult children or former spouses
• Applications for extensions of time to submit claims and for interim orders
• Applications for orders giving effect to compromise agreements to obtain favourable tax treatment
• Applications under the anti-avoidance provisions for orders to secure financial contributions from third parties who received gifts of monies or other assets from the deceased during their lifetime

Some examples of the variety of cases undertaken include:

• Breaches of trust and fiduciary duty
• Applications to pass over, substitute and remove personal representatives
• Drafting documents relating to all stages of proceedings including settlement agreements and Tomlin Orders
• Drafting caveats, citations, warnings, appearances, and subpoenas to produce testamentary documents
• CPR Part 57/ Part 64 applications for personal representatives and trustees e.g. applying for an order for a trustee to supply accounts with contingent order for their removal subject to the contents of the supplied accounts, applications for the examination of persons with knowledge of testamentary documents
• Applications to revoke grants of representation
• Advising on gifts made donatio mortis causa
• Applications under the Variation of Trusts Act 1958 e.g. so that minor beneficiaries, unborn beneficiaries or unascertained beneficiaries (such as future spouses) can benefit from an estate
• Claims relating to proprietary estoppel and constructive trusts
• Advising on duties and actions available to personal representatives on powers, duties and costs risks both in relation to ongoing litigation and more generally
• Claims relating to Intestacy
• Devastavit claims against personal representatives who have purportedly mismanaged an estate or squandered assets
• Directions applications for personal representatives
• Applications to prove copy wills, codicils and holograph wills
• Claimant and defendant third party claims against estates
• Interim applications e.g. pre-emptive costs orders, injunctions, disclosure orders

Some examples of the variety of cases undertaken include:

• Applications under the Variation of Trusts Act 1958 e.g. so that minor beneficiaries, unborn beneficiaries or unascertained beneficiaries e.g. future spouses, can benefit from a trust
• Advising and representing charitable trustees and beneficiaries
• Challenges to the validity of trusts
• Rectification and construction of trusts
• Drafting wills, trusts, deeds of variation, deeds of appointment and advancement and trustee indemnities
•  Advising on inheritance tax and the taxation of trusts
•  Advising on restructuring or termination of will trusts and settlements
• Applications for orders to protect trustees on incurring litigation costs or protect trustees on distribution
• Applications for trustees to account for trust property, tracing of assets, self-dealing and equitable assignment
• Actions against trustees following breaches of trust, breaches of the statutory duty of supervision following delegation or losses arising from trustee investment
• Applications for the removal of incapacitated, unfit, or bankrupt trustees
•  Advising trustees on powers, duties, and costs risks both in relation to ongoing litigation and more generally
•  Advising on personal injury trusts

Some examples of the variety of cases undertaken include:

• Challenges to the validity of wills based on various heads of claim including lack of due execution, lack of capacity, fraudulent calumny, undue influence or lack of knowledge and approval
• Rectification and construction of wills
• Advising on challenges to mutual wills, ademption, abatement, lapse, forfeiture or other failures of gifts and intestacy

James has assisted many clients through various stages of business and commercial disputes. He understands the hidden costs of these disputes and aims to bring successful closure as swiftly and economically as possible. Some examples of the variety of cases undertaken include:

• Disputes relating to directors, shareholders, and partners
• Breach of contract
• Debt and insolvency

• Inner Temple
• Chancery Bar Association 
• Revenue Bar Association
• Chartered Institute of Taxation (Fellowship Candidate)

1. This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).
2. The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.
3.  I, James Davin, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.
4.  It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

• Advise on the prospects of litigation;
• Advise on the value of your claim;
• Representation at a court hearing;
• Representation at trial;
• Advise, review or comment on legal issues or evidence.

5. Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7. If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8. If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.  I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)  Courts and other tribunals to whom documents are presented;

(ii) Your solicitors, or agent representing you, through whom I have been instructed;

(iii) Potential witnesses, experts and other persons involved in the case;

(iv) Solicitors, barristers, or other legal representatives;

(v) Ombudsman and regulatory authorities;

(vi) Education and examining bodies; and

(vii) Current, past or prospective employers.

Special Categories of Data

10.  In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11. This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12. I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13. How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14. Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i) The legal and professional obligation to retain information relating to my cases;

(ii) To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii) For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv) To refer back to in future cases which raise similar legal, factual, or procedural issues.

15. The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16. The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17. Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18. Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19. You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20. You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21. You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22. Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23. You have the right to request that your personal data is erased where any of the following apply:

(i) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii) You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii) Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv) The personal data has been unlawfully processed; or

(v) The personal data have to be erased to comply with a legal obligation.

24. You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25. Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26. I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. 

Complaints or Queries

27. If you have any questions regarding this privacy notice, or how I use your personal data please email me: mailto: james.davin@tbgbarrister.co.uk, or my clerks: clerking@thebarristergroup.co.uk telephone 01823 247 247.

28. I shall aim to respond as soon as possible, and within 30 days.

29. You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/