Direct Access Barrister

James Egan

Direct Access Barrister

James Egan

With nearly 10 years' experience, James is a specialist chancery barrister at the leading Band 1 chambers, Ten Old Square, and recently was nominated 'Star Junior' in the 2025 Chambers & Partners High Net Worth Awards. He accepts instructions in private client, wills/probate, property, commercial, and Court of Protection.

James is a highly experienced barrister with a distinguished academic background. Having graduated with a ‘Double-First’ from Downing College, University of Cambridge and an 'Outstanding' on the Bar Professional Training Course (BPTC) alongside multiple awards and scholarships, James is now a member of the leading/Band 1 traditional chancery chambers, Ten Old Square. Independently of his practice there, James offers his services directly to members of the public through this website, allowing members of the public to work with him directly, without the need for a solicitor.

Specialising in private client, wills/probate/inheritance, Court of Protection, commercial, and property law disputes, James is known for his meticulous attention to detail, incisive legal analysis, and persuasive advocacy, both written and oral. He provides robust yet sensitive representation, particularly when acting for high-net-worth individuals who require strict confidentiality.

James approaches each case with a calm, considered perspective, combining legal expertise with practical, commercially focused advice. He does not shy away from a difficult argument. He is also highly proficient in the use of mediation and other methods of Alternative Dispute Resolution, with a strong track record of securing early settlements through utilising the same.

Area of Law

Asset Recovery

James has extensive experience in civil fraud and asset recovery, handling urgent injunctive relief and substantive Part 7 claims for final relief. He is well-versed in securing pre-action disclosure orders, specific disclosure orders, and non-party disclosure orders (including Norwich Pharmacal Orders) to locate and recover misappropriated assets. His expertise includes advising on asset tracing and other equitable relief, obtaining worldwide freezing orders and proprietary injunctions, and defending or obtaining interim relief. He frequently seeks pre-action disclosure from potential parties and non-party disclosure from third-party entities, such as banks and law firms.

James has a particular interest in the intersection between civil and criminal jurisdictions, particularly in cases where civil freezing orders and proprietary injunctions are sought alongside restraint orders under the Proceeds of Crime Act 2002. He has experience managing cases where civil and criminal orders overlap.

Once final relief is achieved through Part 7 proceedings, James is also experienced in enforcement, including seeking charging orders over property and transferring legal title. His comprehensive understanding of both the substantive and procedural aspects of civil fraud and asset recovery ensures he can provide effective solutions in complex cases.

Business and Corporate

James specialises in advising and representing clients in business and corporate disputes. His expertise includes advising on directors' duties and alleged breaches, applying for relief from liability for breaches of directors' duties under section 1157 of the Companies Act 2006, and recovering debts due to and from businesses. Additionally, James is experienced in drafting corporate governance documentation, such as resolutions, minutes of meetings, and Articles of Association and amendments thereto, ensuring companies remain compliant with legal requirements and best practices.

James has also worked on complex cases like Bhullar v Bhullar & Ors [2017] EWHC 407 (Ch), a High Court derivative claim regarding directors' duties, the Re Duomatic principle, and limitation issues under the Limitation Act 1980.

In addition, he represents high-value property developers, including recovering monies due under guarantees and indemnities, while handling corporate governance matters to secure their business interests and facilitate growth. His comprehensive experience in business and corporate law enables him to provide strategic legal solutions for complex commercial challenges.

Chancery

James has extensive experience in all aspects of traditional and commercial chancery, with a particular emphasis on private client and Court of Protection disputes. His practice covers trusts of land under TOLATA 1996, express, constructive, and resulting trusts, wills and probate matters, disputes in the Court of Protection and Lasting Powers of Attorney, entitlement to Grants of Probate/Letters of Administration, and Inheritance (Provision for Family & Dependents) Act 1975 claims. James has advised and represented clients in both contentious and non-contentious cases, handling complex trusts and estates litigation, including allegations of breach of trust or fiduciary duty, as well as executor, administrator, and trustee removal. His work frequently involves property disputes relating to express, constructive, and resulting trusts, as well as proprietary estoppel. He also advises on shareholder disputes, directors’ fiduciary duties, and partnership dissolutions. Additionally, his practice extends to charities law, including advising on charity governance, regulatory compliance, and disputes (most often, the construction of charitable gifts in Wills). He has significant experience in arbitration, mediation, and ADR, resolving disputes efficiently outside of court. Additionally, he regularly secures and defends injunctions, including freezing orders and specific performance, while handling cases involving fraud, asset recovery, and breaches of fiduciary duty.

Charities

James is frequently instructed to advise on charity law and related matters, providing expert guidance to charities and other interested third parties on a range of issues. He offers advice on the interpretation and construction of charitable bequests, ensuring that the intentions of testators are properly carried out. James also advises charitable trustees on their entitlement to probate and the rights and responsibilities they have in relation to charitable assets and estate administration.

In addition, James is experienced in handling complex issues that arise when a charity ceases to exist at the time of the will’s execution or during probate. He assists in resolving situations where a charity no longer exists under the name or form stated in the will, offering practical solutions to ensure that charitable gifts are distributed in accordance with the testator’s intentions.

James' expertise extends to advising on the application of cy-près principles, where a court may need to intervene to ensure that charitable bequests are directed to a purpose as close as possible to that originally intended. He also regularly advises on other charity-related legal matters, including governance issues and the responsibilities of charitable trustees in the administration of estates.

Commercial

James regularly handles a wide range of commercial disputes, with notable experience in high-profile cases. For example, in Harbour Fund III LP v Kazakhstan Kagazy Plc [2021] EWHC 1128 (Comm), James (led by Rupert D'Cruz KC) successfully defended Kazakhstan Kagazy JSC in a complex claim concerning entitlements to a $300 million judgment with issues ranging from contractual variation, agency/authority issues, and unjust enrichment. His broader expertise includes obtaining worldwide freezing orders, Norwich Pharmacal orders, and interim injunctions, as well as advising on disclosure in cross-border cases.

James represents banks, credit providers, and customers in disputes under the Sale of Goods Act 1979, the Consumer Rights Act 2015, and other related legislation. He has experience in claims related to bailment, trespass to goods, and conversion, as well as advising on agency agreements, guarantees, indemnities, and Consumer Credit Act claims.

He also handles jurisdictional disputes, especially concerning international supply contracts, and advises on Quistclose and statutory trusts in the commercial context. James is skilled in drafting and advising on unjust enrichment and restitution claims, and enjoys reviewing and drafting contractual terms for commercial agreements and contract renewals. His comprehensive commercial litigation experience ensures effective representation in complex and multifaceted disputes.

Insolvency and Restructuring 

Limit this to 200 words: James has extensive experience in all aspects of insolvency law, representing clients nationwide in a variety of insolvency and insolvency-adjacent proceedings. His expertise is highlighted in reported cases such as Re A Company [2022] EWHC 943 (Ch) and Harbour Fund III LP v Kazakhstan Kagazy Plc & Others [2021] EWHC 1128 (Comm), where he successfully defended Kazakhstan Kagazy JSC in a complex dispute concerning entitlements to a $300 million (led by Rupert D'Cruz KC).

James regularly advises on claims to reverse transactions defrauding creditors, including those involving transactions at an undervalue or preferences. He also represents directors in misfeasance trials related to undervalued transactions and fraud. More generally, he regularly drafts, obtains, and defends winding-up petitions for both domestic and international companies (including partnerships and LLPs) as well as obtaining injunctions to restrain presentation and/or advertisement of winding-up petitions.

Further, James is familiar with applying to rectify the register of members, obtaining re-vesting orders for family homes in bankruptcy, and challenging sham trusts. He also advises on restoring companies to the Register and contesting statutory demands. His broad expertise enables him to provide strategic, effective solutions across a wide range of complex cases.

Landlord and Tenant

James has extensive experience in all aspects of landlord and tenant law, covering both residential and commercial tenancies (latterly, whether or not protected under the 1954 Act, and including specialist tenancies such as agricultural leases and pubs/licensed premises). He handles contested and non-contested lease renewals, rent arrears, rent increase disputes, disrepair/dilapidations claims, forfeiture and other lease disputes (including service charge matters). Additionally, James represents clients in possession claims under sections 8 and 21, as well as defending possession claims based on discrimination or exceptional hardship, and/or other interests in the property (whether as a result of trusts, proprietary estoppel or under the 1975 Act). He deals with tenancy deposit disputes, including financial penalties for non-compliance with the Housing Act 2004, and handles cases concerning long residential lease terminations, acquisition orders, and other claims under the Leasehold Reform Act 1993 and/or Leasehold and Commonhold Reform Act 2002.

Mental Health and Court of Protection

James has significant experience in Court of Protection law, particularly in drafting and advising on Lasting Powers of Attorney (LPA) for Property & Affairs and Health & Welfare and associated duties thereunder. James also defends and challenges Attorneys accused of failing to keep proper accounts, breaching their fiduciary duties, and/or otherwise engaging in other unlawful conduct. He is experienced in making applications to the Court of Protection to address such issues, including seeking the removal of Attorneys and the appointment of Deputies in their place.

In addition, James handles applications for statutory wills in the Court of Protection (where a person lacks mental capacity and where a will needs to be created or amended on their behalf).

James’s thorough understanding of the Court of Protection’s procedures and his practical approach enable him to provide effective and strategic legal solutions in complex mental health and capacity-related cases.

Property

James has extensive experience in all aspects of property law, with a particular focus on resolving ownership issues between family members and cohabitees under trusts of land and TOLATA 1996. He advises on parties' equitable rights to property, including disputes arising out of contributions to acquisition costs, mortgage payments, and extensions. James also is experienced in dealing with parents seeking to reverse gifts of property made to children under the mistaken belief of saving inheritance tax (due to GWR rules).

In addition, James handles the enforcement of Pre-Emption Agreements, Options, and overage agreements, as well as other issues arising in substantial property development schemes (including recovery of monies due to creditors from defaulting developers and their guarantors).

James is also experienced in residential, commercial, and specialist landlord and tenant law, including pub and agricultural tenancies. He provides guidance on lease renewals, breaches of lease, possession claims, and discrimination defenses, as well as tenancy deposit disputes, acquisition orders, and long lease terminations.

James’s expertise across property disputes and property development matters enables him to provide comprehensive, strategic legal solutions. Whether addressing cohabitation disputes, property development issues, or landlord-tenant concerns, he delivers effective, client-focused advice to resolve complex legal challenges efficiently.

Wills and Probate

James has extensive experience advising, drafting, and representing clients in claims concerning the validity of wills, revocation of grants, and estate disputes. He acts for personal representatives, beneficiaries, and interested third parties at all stages, from pre-action through mediation and litigation. His expertise includes testamentary challenges, removal of caveats, trustee removal/breach of trust disputes, will construction and rectification claims, and enforcement of beneficiary rights. He also advises on offshore estate matters, including advising on a trustee removal case in the Isle of Man.

James is highly experienced in cases under the Inheritance (Provision for Family & Dependents) Act 1975, whether as standalone claims or as a defence to possession actions. His background in family law gives him a unique perspective on spousal and civil partnership claims. He has represented a wide range of applicants, from spouses and cohabitants to children and dependents, in estates of all sizes. His expertise includes recovery of the severable share of jointly owned assets under section 9 and advising on pension treatment under section 8. Frequently instructed in settlement negotiations, James prepares offers, counteroffers, and settlement deeds. He is also experienced in applications under CPR 21.10 for approval of settlements involving children or protected parties.

What sort of work do I do?

James is able to undertake a wide range of one-off legal work on a public access basis. This includes providing comprehensive legal advice on the merits and prospects of a case, drafting and reviewing out-of-court documents (such as Deeds, Wills, and other legal instruments), and preparing court documents (such as Particulars of Claim, Defences & Counterclaims, Replies and witness statements). Additionally, James offers advice through in-person or virtual consultations and conference calls, and is available to attend court hearings, mediations, or arbitrations. His approach is focused on delivering tailored, clear, and practical legal solutions for each unique matter.

Who do I work for?

James acts for a range of clients from individuals with personal disputes to HNW individuals, professional and non-professional trustees/personal representatives, charities, companies (and their directors), LLPs/partnerships (and their partners), insolvency practitioners, institutional landowners, landed estates, banks, and public bodies.

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