Direct Access Barrister
James Egan
Direct Access Barrister
James Egan
James is a specialist private client and chancery barrister with a strong academic background and reputation for clear, strategic advice. A Double First graduate from Downing College, University of Cambridge, and recipient of an ‘Outstanding’ on the Bar Professional Training Course, James has also been awarded multiple prestigious scholarships and prizes. He now practises from Ten Old Square, a leading Band 1 chancery set renowned for its strength in private client and chancery work. Independently of his work there, James accepts instructions directly from members of the public under the Public Access Scheme, offering high-quality representation without the need for a solicitor.
James is widely recognised for his expertise and is highly regarded as a leading junior in his practice areas, including being nominated by Chambers High Net Worth for the 'Star Junior' 2025 award, to be announced on 10 July 2025.
His practice covers private client disputes (trusts, wills, probate, inheritance), property, and wider chancery and Court of Protection work. Clients consistently value his analytical clarity, responsiveness, and pragmatic/commercial approach. He is known for handling complex and sensitive matters with care and confidence, and is adept at resolving disputes through mediation and other forms of Alternative Dispute Resolution.
Area of Law
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.
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 potential or ongoing claim/defence, drafting and reviewing out-of-court documents (such as Deeds, Wills, and other legal instruments), and preparing formal 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 High Net Worth 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.