James Fryer-Spedding

Chancery & Commercial

James practises exclusively in Chancery and Commercial litigation, particularly:

Trusts, Wills, Probate & Administration 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.

Property

– Including restrictive covenants, boundary disputes, easements, adverse possession and co-ownership (constructive trust and proprietary estoppel claims, applications to court for orders for sale).

Landlord & Tenant

– Including disrepair, possession claims, forfeiture and Landlord & Tenant Act 1954 applications.

Professional Negligence

Solicitors (especially in connection with misconduct of conveyancing and litigation), accountants and surveyors.

Partnership

Actions for dissolution remedies, partnership disputes and insolvency.

Mediation

James qualified as a CEDR accredited mediator in 2015. He has nearly thirty years’ experience as a barrister specialising in chancery/commercial litigation.

Areas of Work

Exclusively Chancery and Commercial litigation, particularly:

– Professional Negligence
Solicitors (especially in connection with misconduct of conveyancing and litigation), accountants and surveyors.

– Trusts, Wills, Probate & Administration of Estates
Construction of wills and trusts, contentious probate, administration actions and “Beddoe” applications.

– Partnership
Actions for dissolution remedies, partnership disputes and insolvency.

– Property
Including restrictive covenants, boundary disputes, easements, adverse possession and co-ownership.

– Landlord & Tenant
Including disrepair, possession claims, forfeiture and Landlord & Tenant Act 1954 applications.

– Family Provision
Inheritance Act 1975 applications for all classes of applicant.

Mediation Fees

James’ standard daily fee in the mediation of a 2 party dispute is £3000+vat (£1500+vat per party) and, if appropriate, reasonable expenses. That covers a mediation day from 10am to 5pm (plus up to 3 hours preparation) and includes room hire and refreshments if the mediation is held at Nine Chambers.

Fees for multi-party disputes and mediations lasting either more than, or less than, 1 day are available on request.

Notable Cases

• Sim v. Pimlott [2023] EWHC 2298 (Ch.) (successful defence of Inheritance (Provision for Family and Dependants) Act 1975 claim – reasonable financial provision for a surviving spouse – costs – indemnity basis)
• Vasami v. Hack [2023] EWHC 2431 (Ch.) (Successful defence of a farming proprietary estoppel claim)
• Keegan v. Keegan [2023] EWHC 3268 (Ch.) (Ambiguity; Gifts; Interpretation; Testamentary intention; Wills)
• Goodwin v. Avison [2021] EWHC 2356 (Ch.) – costs – contentious probate claim
• KSH Farm Ltd v. KSH Plant Ltd. [2021] EWHC 1986 (Ch.) – commercial contract dispute – allegations of duress and undue influence
• Haandrikman v. Heslam [2021] UKUT 56 (LC) – adverse possession – fencing – grazing – registered land – squatters – transfer of title
• UK Learning Academy Ltd. v. Secretary of State for Education [2018] 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 [2018] EWHC 1788 (Ch) – Administration of Justice Act 1985, s.50 – application to remove a personal representative – successful appeal against summary judgment
• Burns v. Burns [2016] EWCA Civ 37 – validity of wills – testamentary capacity – knowledge & approval – mentally impaired testatrix
• Anselm v. Buckle [2014] 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 [1998] 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

Appointments

Chancellor of the Diocese of Carlisle

Associations

Chancery Bar Association

Northern Chancery Bar Association

Professional Negligence Bar Association

Northern Circuit Commercial Bar Association

Ecclesiastical Judges Association

Education

LLB (Hons), King’s College, London

BCL, New College, Oxford

Prescribed Information

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.