About James
A skilled courtroom advocate, James has a reputation for getting to the core issues in a case quickly and tackling them effectively. He offers reliably sound judgement, pragmatic legal advice and an analytical approach to his instructions. James provides a very approachable service and is always happy to discuss initial issues that his clients may face in dealing with claims.
Before becoming a barrister, James worked as in-house counsel for a global FTSE 100 company for eight years dealing with high value commercial contract negotiations. He brings a wealth of business experience to his practice, which is primarily focused on general commercial and property work.
Property Law
James has a long-standing property and land law practice and frequently advises and represents claimants and defendants in the county courts and the land tribunal in a wide range of property law disputes, including:
- Landlord and tenant (commercial and residential)
- Dilapidations and disrepair
- Building disputes
- Service charge disputes
- Restrictive covenants
- Boundary and neighbour disputes
- Rights of way and easements
- Forfeiture proceedings
- Possession and eviction
- Charging order applications
- Mortgage repossession actions (for both lenders and borrowers)
- TOLATA / Trust of land disputes
Commercial Law
James is instructed by commercial clients from a range of different sectors in relation to all manner of business disputes. With his background of working in-house within a commercial enterprise, James has the direct operational experience required to understand complex business issues. He offers specific technical knowledge of broadcast and satellite communications, telecommunications and high value commercial contracts and is frequently instructed on:
- Breach of contract
- Company law (partnership and shareholder disputes)
- Insolvency and bankruptcy (commercial and individual)
- Financial services claims
- Debt recovery
- Consumer Credit Act
Family Law
James is instructed in all stages of family cases, from initial pre-action advice in consultation through to representation at contested hearings (including fact-finding hearings and final hearings). He offers a great deal of experience in:
- Matrimonial finance, including Inheritance Act provision and financial settlement proceedings
- Contested child arrangements, including applications for contact and residence
- Injunctive proceedings, including non-molestation, prohibited steps and occupation orders
Costs
With a great deal of experience representing claimants and defendants in costs disputes, James is frequently instructed to attend costs budgeting and detailed costs assessments hearings. He often attends detailed assessments nationally and regularly appears at the Senior Courts Costs Office (SCCO).
Court of Protection
James accepts instructions in Court of Protection matters, including:
- Deputyship
- Deprivation of Liberty Safeguards (DOLS)
- Lasting powers of attorney and enduring powers of attorney
- Mental capacity
- Medical treatment
- Best interests decisions
- Welfare, including contact, residence and care decisions
Personal injury
James advises and represents claimants and defendants in all areas, including: Allegations of fraud of personal injury-related claims, mainly arising from road traffic accidents, employers' liability and public liability
Member of the Motorcycle Group tackling serious injuries (he also has a motorcycle licence)
- Injuries arising from accidents involving HGVs and buses
- Credit hire (claimant and defendant)
James's involvement is frequently from the outset, from assessing and advising on prospects to advising on quantum, drafting pleadings, drafting questions, conferences with witnesses, round table meetings and onto trial.
James was instructed in the first instance and on appeal (both successful) regarding a slip and trip/Highways claim against a London borough: Simson v London Borough of Islington, [2013] EWHC 2527 (QB), setting a new precedent requiring inspections to include area under objects on the highway such as parked cars and refuse bins.
Chancery
- Disputes relating to trusts
- Contested wills
- Probate and Inheritance Act claims
Testimonials
Dear James, Great result, I am very pleased. Both my Client’s couldn’t stop praising you, they said you was great and felt ever so comfortable with you and couldn’t be happier with you and the outcome. Thank you for your assistance.
Hi James, Great result. Many thanks for your assistance today. Kind regards Joe
Hi James, Great result especially with the late presentation aspect! Thanks for your help as always. Kind Regards,
Just a quick note to thank James for his assistance - client is over the moon, and from what I hear, James did a first-class job on all fronts
That's a great outcome for us and thank you very much for your assistance on this matter.
Thank you for your assistance on this matter. A great outcome for the client.
Privacy Notice
This privacy notice explains how, why and for how long James Osborne will process or retain your personal data in accordance with the General Data Protection Regulation (GDPR).
If James has been instructed by you, your litigation friend, your solicitor or agent, or through a pro bono referral, it is necessary to process your personal data in order to provide legal services. This may include advising on the prospects of litigation, advising on the value of a claim, representation at hearings or trial, and reviewing legal issues or evidence.
Recipients of your data
Depending on the nature of your case, data may be shared with courts and tribunals, your solicitors or agents, witnesses, experts, other legal representatives, ombudsmen or regulators, education and examining bodies, and current, past or prospective employers.
Special categories of data
Some matters require processing special category personal data, including information about health, ethnicity, religion, trade union membership, political beliefs, sexual orientation, or criminal allegations and convictions. Such data will only be processed where necessary to represent you or advise on your claim.
Retention
Your personal data will be retained for no longer than necessary and, where possible, anonymised. In general, records relating to cases are retained for at least six years to comply with professional obligations under the Bar Code of Conduct and tax record-keeping obligations.
Once your case has concluded and any fees have been paid, only the personal data necessary for regulatory compliance, conflict checking, defence of complaints or fee disputes, and reference in future similar cases will be retained.
Your rights
You may request confirmation that your personal data is being processed, request a copy of that data, request rectification of inaccurate data, object to certain processing, request restriction of processing, or request erasure where the GDPR permits it. Where processing is based on consent, you may withdraw that consent at any time, although doing so may mean James can no longer provide the legal services requested.
Security
Appropriate physical and technical measures are taken to safeguard your personal data and prevent unauthorised access, accidental loss, misuse or disclosure.
Complaints or queries
If you have any questions about this privacy notice, or how your personal data is used, please email clerking@thebarristergroup.co.uk or the clerks at clerking@thebarristergroup.co.uk, or call 01823 247 247.
You also have the right to complain to the Information Commissioner's Office (ICO). Further information is available at ico.org.uk/global/contact-us/.
Work with James
Send us your details and a member of the clerking team will be in touch. Or call us now on 01823 247 247.