James
Davin

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.

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

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 (Fellow)