James is a well-established, highly regarded barrister of over twenty-five years call. He has vast experience in chancery and commercial law. He is viewed as a very strong advocate able to handle a large volume of paperwork in an expedient, yet thorough manner.
He can simplify the complex and uses a logical, analytical process to achieve the best possible outcome for his clients. Those who instruct James are put at ease by his clear, concise communications and his ability to talk them through the matter with a coherent, strategic viewpoint.
AREAS OF PRACTICE
TRUSTS, WILLS, PROBATE & ADMINSTRATION OF ESTATES
- Construction of wills and trusts, contentious probate, administration actions and "Beddoe" applications.
- Inheritance Act 1975 applications for and against all classes of applicant.
- Ranked in Chambers and Partners High Net Worth Guide – Band 1
- Ranked in Chambers and Partners (Chancery – Northern (Bar)) – Band 1
- Legal 500 – Regional Bar – Chancery, Probate & Tax – Band 1
- Ranked in Chambers and Partners (Partnership – Northern (Bar)) – Band 1
- Including restrictive covenants, boundary disputes, easements, adverse possession and co-ownership (constructive trust and proprietary estoppel claims, applications to court for orders for sale).
- Ranked in Chambers and Partners (Real Estate Litigation – Northern (Bar)) - Band 2
LANDLORD & TENANT
- Including disrepair, possession claims, forfeiture and Landlord & Tenant Act 1954 applications.
- Legal 500 – Regional Bar – Commercial Litigation – Band 1
- Ranked in Chambers and Partners (Commercial Dispute Resolution – Northern (Bar)) – Band 2)
- Solicitors (especially in connection with misconduct of conveyancing and litigation), accountants and surveyors.
- Goodwin v. Avison  EWHC 2356 (Ch.) – costs – contentious probate claim
- KSH Farm Ltd v. KSH Plant Ltd.  EWHC 1986 (Ch.) – commercial contract dispute – allegations of duress and undue influence
- Haandrikman v. Heslam  UKUT 56 (LC) – adverse possession – fencing – grazing – registered land – squatters – transfer of title
- UK Learning Academy Ltd. v. Secretary of State for Education  EWHC 2915 (Comm) – 13-day trial in the Circuit Commercial Court in Leeds - contract terms – educational institutions – formalities – variation
- Perry v. Neupert (Ch D - John Martin, KC) 19.7.18 LTL - Administration of Justice Act 1985, s.50 - application to remove a personal representative - joinder
- Perry v. Neupert  EWHC 1788 (Ch) - Administration of Justice Act 1985, s.50 - application to remove a personal representative - successful appeal against summary judgment
- Burns v. Burns  EWCA Civ 37 - validity of wills - testamentary capacity - knowledge & approval - mentally impaired testatrix
- Anselm v. Buckle  EWCA Civ 311 - landlord and tenant - damages
- JJ Metcalfe Ltd. v. Dennison (LTL 6.12.13 HHJ Raynor, KC, Technology & Construction Court) - civil procedure - construction law
- Re St Michael and All Angels, Isel (October 2010, Ecclesiastical Law Journal, Vol. 13, No. 2, p.248) right of way - consecrated land - easements - interested person - standing
- Re Pearce, Decd  2 FLR 705 - Inheritance (Provision for Family and Dependants) Act 1975 - claim by adult child - appeal to Court of Appeal
EXAMPLES OF OTHER WORK
- Confidential Arbitration – professional partnership dissolution dispute
- Indian Workers Association, Bradford - litigation concerning ownerships of club premises – unincorporated association - constitutional dispute
- O'Neill v. Holland - dispute between former cohabitees over a valuable portfolio of investment properties
- Donohoe v. Bannister - proprietary estoppel claim to ownership of the site of stables
- Successful family provision claim for adult children of an abusive parent - won at trial (Simpson Decd, unreported)
- Successful defence at trial of the validity of a challenged will - issues of capacity, undue influence, knowledge and approval - associated partnership issues (Bainbridge v. Hebson, unreported, Chancery Division, Manchester, HHJ Pelling, KC)
- Simpson v. Ridley - 5-day trial - prescriptive claim to a right of way to taxi aircraft
- Preliminary issue in ancillary relief proceedings - issues as to ownership of valuable farms and partnership property - successfully concluded in favour of client wife
- Sale of goods - claim concerning the quality of breeze blocks used in the construction of 22 homes - TCC Leeds
- Professional negligence - solicitors - conveyancing - claim in the High Court concerning the purchase of a home in West Cumbria with numerous title defects
- Bankruptcy - offshore trust - litigation concerning efficacy of a charging order
Chancellor of the Diocese of Carlisle
Chancery Bar Association,
Northern Chancery Bar Association
Professional Negligence Bar Association
Northern Circuit Commercial Bar Association
Ecclesiastical Judges Association
LLB (Hons), King's College, London (1st class), BCL, New College, Oxford (1st class)
James Fryer-Spedding is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about James Fryer-Spedding can be found here.
James Fryer-Spedding's clerks will happily provide no obligation quotations for all legal services that he provides. Their contact details can be found here. It is most common for James Fryer-Spedding to undertake Court, Tribunal or Mediation services for a brief fee plus additional refresher days. For advisory including paperwork and conferences it is most commonly charged at an hourly rate although fixed fees are available. James Fryer-Spedding will typically return paperwork within 21 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.