James Fuller

For enquiries please contact

Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

M.St. in History, The University of Cambridge
PgDip in International Legal Practice (Distinction), The University of Law
LLM. in Commercial Law (Distinction), The University of Bristol
LLB. (Hons) in Law, The University of Surrey

Agricultural Law Association
Chancery Bar Association
Property Bar Association
The Contentious Trusts Association

Co-author of a forthcoming book on the law relating to missing people in a trusts and estates context, due for publication in early 2025.
J Fuller and J Pugsley, ‘‘Sufficient Interest’ under the Presumption of Death Act 2013’ (Tolley v No Defendant)’ Lexis Nexis, 17 May 2023
J Fuller, ‘The Tenant Fees Act 2019: all bark, no bite?’ Estates Gazette, 18 April 2020, 50

James Fuller is a member of the Property & Estates Team, practising from Chambers’ Bristol and London annexes.

James enjoys a busy court and advisory practice and regularly appears in the High Court, County Court, Upper Tribunal (Lands Chamber), and First-Tier Tribunal (Property Chamber). He also represents clients at mediations and arbitrations.

James has a particular interest in agricultural matters and has been ranked as the sole ‘Rising Star’ in Agriculture in the 2025 Legal 500. He is also ranked in the 2025 Legal 500 as a ‘Rising Star’ in Chancery, probate and tax.

James is a co-author of ‘Missing People and the Administration of their Estates’, due for publication in early 2025.

Prior to being called to the Bar, James practised as a solicitor specialising in agriculture and landed estates.

Expertise

James has litigation and advisory experience in most areas of Real Property, including:

Adverse possession (registered and unregistered land);
Easements and profits;
Restrictive covenants;
Land registration;
Alteration and rectification of the Register;
Boundaries and encroachments;
Examination of title documents, deeds and plans;
Proprietary estoppel;
Trusts of land;
Mortgages and charges;
Mines and minerals;
Manorial rights;
Foreshore rights;
Trespass, nuisance and other property torts.

James has a particular interest and specialism in cases concerning restrictive covenants. James regularly advises in respect of restrictive covenants and is often able to assist in resolving disputes before proceedings are issued. When resolution is not possible, James appears in the Upper Tribunal (Lands Chamber) in applications to discharge and modify restrictive covenants under section 84(1) of the Law of Property Act 1925, and in the High Court in applications under section 84(2) of the Law of Property Act 1925 for declarations as to the nature and extent of restrictive covenants and whether they are enforceable.

Recent cases include:

A one-day trial in the Upper Tribunal (Lands Chamber) concerning the discharge of restrictive covenants pursuant to s.84(1) of the Law of Property Act 1925.
A three-day trial in the First-tier Tribunal (Property Chamber) concerning the adverse possession of unregistered land.
A two-day trial in the Upper Tribunal (Lands Chamber) concerning the discharge and modification of restrictive covenants pursuant to s.84(1) of the Law of Property Act 1925.
A five-day trial concerning defective building works, oral agreements, proprietary estoppel, constructive trusts, and resulting trusts.
Appearing before the High Court in an application under section 84(2) of the Law of Property Act 1925 for a declaration as to the enforceability of a restrictive covenant. Judgment is awaited.
Representing clients at a mediation concerning a boundary and easement dispute. The dispute was successfully settled at mediation.

Featured Real Property cases

Robertson v Pace [2024] UKUT 123 (LC), [2025] R.V.R. 35

James appeared for the successful objectors in an application made to the Upper Tribunal (Lands Chamber) under section 84(1) of the Law of Property Act 1925 to discharge a restrictive covenant on the basis of (i) either obsolescence (Ground (a)), or (ii) no injury to those entitled to the benefit (Ground (c)). The Upper Tribunal concluded that the restrictive covenant (restricting the use of the burdened land to agricultural purposes only) should not be deemed obsolete and that its discharge would injure the objectors who are entitled to the benefit of the restriction. The application was therefore refused.

Medley v Mackenzie & Ors [2024] UKUT 112 (LC)

James appeared for successful objectors 1 to 10 in an application made to the Upper Tribunal (Lands Chamber) to discharge and modify restrictive covenants under section 84(1) of the Law of Property Act 1925. The Upper Tribunal found that the covenants (other than an obsolete company consent covenant which was discharged) did bestow practical benefits of substantial advantage upon the objectors, by protecting the open aspect of the area, preventing over-development, and by preventing further inappropriate future development. The application to modify the covenants was therefore refused.

James is a member of the Agricultural Law Association and has been ranked as the sole ‘Rising Star’ in Agriculture in the 2025 Legal 500. James regularly advises on a wide range of agricultural disputes and his experience includes:

Tenancies governed by the Agricultural Holdings Act 1986;
Farm Business Tenancies under the Agricultural Tenancies Act 1995;
Protected agricultural occupiers under the Housing Act 1988;
Leases under the Landlord and Tenant Act 1954;
Contract farming agreements;
Grazing agreements;
Common law tenancies;
Sale and purchase of farms and landed estates;
Structuring rural property transactions;
Proprietary estoppel cases;
Partnerships;
Covenants;
Easements and profits;
Mines, minerals, and manorial rights;
Public rights of way;
Renewables;
Statutory nuisance;
Overage agreements, option agreements, and joint venture agreements.

James is a farmer’s son and, alongside practising at the Bar, he farms his family’s arable farm in partnership.

Featured Agriculture cases

Written advice concerning: (i) the legal basis of occupation of a farm and whether the farm was subject to an agricultural tenancy within the meaning of the Agricultural Holdings Act 1986; (ii) assignment of agricultural tenancies; (iii) regaining possession of a farm; (iv) proprietary estoppel; (v) tenant’s compensation on quitting; (vi) Case C notices to quit (poor husbandry) under the Agricultural Holdings Act 1986; (vii) disrepair; and (viii) rent arrears.

Written advice concerning: (i) dissolution of farm partnerships; (ii) limitation issues in respect of farm partnership disputes; (iii) whether there was an oral agricultural tenancy of the farm within the meaning of the Agricultural Holdings Act 1986; and (ii) surrender of agricultural tenancies by operation of law or merger and denial of title.

Represented the landlord at an arbitration concerning a notice to quit given under Case D of Schedule III of the Agricultural Holdings Act 1986. The arbitration considered issues of (i) whether the landlord and tenant had entered into an oral agreement concerning rent arrears, (ii) whether the rent arrears were time barred pursuant to the Limitation Act 1980 and whether this had any effect on the landlord’s ability to serve a notice to pay, (iii) whether the rent arrears still remained due to the landlord following the sale of part of the freehold reversion, (iv) whether the tenant was able to set-off its purported unliquidated claim in damages against the sum set out in the notice to pay, (v) whether misdescription in a notice to pay and notice to quit invalidated the notices, (vi) whether a notice to pay which understated rather than overstated the amount of rent due under an agricultural tenancy is a valid notice to pay.

Advised the landlord of an Agricultural Holdings Act 1986 tenancy on the implications of a deceased tenant’s son’s failure to apply for a succession tenancy and the deceased tenant’s son’s continued occupation of the holding.

Advised a landowner as to whether an occupier of agricultural land occupied land pursuant to an oral Farm Business Tenancy.

Advised a farming partnership in respect of a dispute concerning grazing rights over common land.

Advised a landowner as to whether an occupier of agricultural land occupied the land pursuant to an Agricultural Holdings Act 1986 tenancy or pursuant to a Farm Business Tenancy.

Advised a landlord as to whether the terms of an Agricultural Holdings Act 1986 tenancy agreement meant that a tenant’s agricultural worker could only work on the holding and, if so, whether the tenant was in breach of the tenancy agreement.

Advised the landlord an Agricultural Holdings Act 1986 tenancy, whether a tenant could satisfy the usual test for set-off in order to rely on set-off in the context of a Case D notice to quit.

Represented the landlord of an Agricultural Holdings Act 1986 tenancy at a forfeiture hearing and successfully obtained forfeiture and possession of the holding for the landlord.

James acts in a broad range of private client matters and is able to assist with:

Contentious and non-contentious probate;
Interpretation of wills and trust documents;
Applications for a declaration of presumed death under the Presumption of Death Act 2013;
Cohabitation disputes and trusts of land;
Proprietary estoppel;
Claims under the Inheritance (Provision for Family and Dependents) Act 1975;
Appointment, removal and substitution of personal representatives and trustees;
Duties and powers of personal representatives and trustees;
Settled Land Act 1925.

Featured Trusts & Estates cases

Tolley v No Defendant (Re Caroline Fisher) [2023] EWHC 979 (Ch), [2023] 1 W.L.R. 2294, [2023] All ER (D) 23 (May), [2023] W.T.L.R. 1187, [2023] 2 P. & C.R. DG 25, [2023] 9 C.L. 122, [2023] C.L.Y. 966

A case concerning whether a nominated executor of an unproven will had standing to seek a declaration of presumption of death of a missing person. James acted for the nominated executor who was successful in her application for a declaration of presumed death.

James advises on all areas of agricultural (for specific detail see “Agriculture” section of James’s profile”), commercial, and residential, landlord and tenant disputes, including:

Possession proceedings;
Forfeiture proceedings;
Landlord and Tenant Act 1954 renewals (opposed and unopposed);
Service charge disputes;
Unlawful eviction;
Disrepair;
Dilapidations;
Trespass;
Breach of covenant;
Tenancy deposit claims;
Mobile Homes Act 1983.

Featured Landlord & Tenant cases

Ms R Persad v Bristol City Council CHI/00HB/LSC/2024/0019

James acted for the successful Respondent in this case before the First-tier Tribunal (Property Chamber), concerning a determination of liability to pay and reasonableness of service charges pursuant to s.27A of the Landlord and Tenant Act 1985.

Mr A Hartley (T/A Hartley Park Homes) v Mr and Mrs Coles and others BIR/47UE/PHI/2023/0039-42, 44, 46-52, 100

James appeared for the successful Applicant in a two day hearing before the First-tier Tribunal (Property Chamber) concerning an application for determination of a new level of pitch.

Cadogan House Investment Properties Limited v Kyriacou and Kyriacou CHI/00HC/LSC/2022/0057

James appeared for the successful Respondent in this case before the First-tier Tribunal (Property Chamber), concerning the construction of a lease and the determination of the tenant’s liability to pay service charges.

James acts on matters involving public rights of way, commons, town & village greens, environment, and planning related matters, including:

Commons;
Town and Village Greens;
Public rights of way;
Highways;
Definitive Map Modification Orders;
Rural planning matters;
Listed Buildings;
Trees;
Minerals;
Planning applications and objections;
Section 106 Agreements and CIL;
Development agreements (overage agreements, promotion agreements and option agreements);
Statutory nuisance.

James has experience in a broad range of commercial disputes including:

Breach of contract (including disputes arising from domestic building works and engineering projects);
Misrepresentation;
Misstatement;
Estoppel;
Guarantees;
Sale of goods and supply of services;
Agency;
Professional negligence;
Debt claims and asset recovery;
Mortgages;
Banking;
Partnership disputes;
Construction and rectification;
Consumer credit.

James also welcomes instructions to represent clients at adjudications, arbitrations, and mediations.

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For enquiries please contact

Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email

Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email

M.St. in History, The University of Cambridge
PgDip in International Legal Practice (Distinction), The University of Law
LLM. in Commercial Law (Distinction), The University of Bristol
LLB. (Hons) in Law, The University of Surrey

Agricultural Law Association
Chancery Bar Association
Property Bar Association
The Contentious Trusts Association

Co-author of a forthcoming book on the law relating to missing people in a trusts and estates context, due for publication in early 2025.
J Fuller and J Pugsley, ‘‘Sufficient Interest’ under the Presumption of Death Act 2013’ (Tolley v No Defendant)’ Lexis Nexis, 17 May 2023
J Fuller, ‘The Tenant Fees Act 2019: all bark, no bite?’ Estates Gazette, 18 April 2020, 50

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If you have any queries about the services offered by Guildhall Chambers you are invited to contact the clerks at:

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We will provide you with a quote as soon as possible and, unless you are informed otherwise, within 14 days. If your matter is urgent please specify this when contacting chambers, and we will work to expedite your query. Guildhall Chambers are used to receiving and responding to work on an urgent basis.

Our barristers act both in advising clients and in representing clients in court. Barristers from Guildhall Chambers appear at all levels of the civil and criminal courts, including the Magistrates’ Court, the Crown Court, the County Court, the High Court, the Court of Appeal and the Supreme Court.

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Members of chambers also act for clients in cases heard in the Land Tribunal and in the Employment Tribunal.

If you have any questions about whether a barrister from Guildhall Chambers is able to represent you or has experience in representing clients in a particular area of law, or in a particular tribunal or court, then please do not hesitate to contact the clerks.

Public Access (also known as Direct Access)

If you are a member of the public, the Bar Standards Board’s Public Access Guidance for Law Clients is available here.

This guidance will help you to understand how the Public Access scheme works and explains how you can use it to instruct barristers directly.

Please note not all of our barristers act on a public access basis. Please check with the clerks and on the Public Access page on our website to see which barristers are able to act on a direct / public access basis.

We have barristers who are able to provide services on a public access basis including in the following areas:

What are the levels of fees to be charged for Public Access work?

Guildhall Chambers provides further information on the likely level of fees to be charged for specific areas of work if the barrister is instructed on a Public access basis. We provide this information in relation to work on a Public Access basis for:

Summary only motoring offences;
Employment tribunal work (in relation to unfair and wrongful dismissal cases);
Inheritance Act advices (where the value of the estate is less than £300,000);
Winding-up petitions

Please click on the relevant area to find out more information about the likely level of fees for the services of our barristers in these areas. This information is also available in hard copy format.

Please note that all of the above indicative fee information is still dependent upon the usual factors which may increase (or in some circumstances decrease) the likely cost of the barrister’s services.

Please read this information when considering the range of likely fees in these areas of Public Access work. For the most accurate information on the potential fees involved in your case, please contact the clerks.

If I instruct a barrister on a Direct Access basis, will there be any additional costs to pay or just the barrister’s fee?

It is also important to note that in relation to direct access work there may be costs, fees and/or charges which you will have to pay in addition to the fees which are payable to the barrister. In order to find out more about what (if any) additional costs arise, it is sensible to discuss this with the clerks (or the barrister who you instruct) at the outset.

Examples of additional charges which may be payable in addition to the direct access barrister’s fee include:

Court fees. Whether a court fee is payable (and how much that court fee will be) will depend on the circumstances of your case albeit in many (but not all) cases the value of the remedy which you are seeking will be a key factor;
There may occasionally be charges for photocopying and/or bundle preparation;

Barristers in the following teams most often charge on the following basis for the following areas of work (in each instance please contact the clerks to check that this system of charging will be applicable for your case):

Administrative and Public Law work is most often charged (or calculated) on the basis of an hourly rate.
Court of Protection work is most often charged (or calculated) on the basis of an hourly rate.
Clinical negligence and personal injury work is most often charged (or calculated) on the basis of an hourly rate.
Commercial work is most often charged (or calculated) on the basis of an hourly rate.
Costs and litigation funding work is most often charged (or calculated) on the basis of an hourly rate.
Criminal work on a private basis (where the client is not eligible for legal aid) is normally charged (or calculated) on the basis of an hourly rate fixed fee.
Employment and discrimination work is most often charged (or calculated) on the basis of an hourly rate for advisory work. Representation in court is most often charged on the basis of a fixed fee.
Insolvency work is most often charged (or calculated) on the basis of an hourly rate.
International and offshore work is most often charged (or calculated) on the basis of an hourly rate.
Property and estates work is most often charged (or calculated) on the basis of an hourly rate.
Regulatory and disciplinary work is most often charged (or calculated) on the basis of an hourly rate.
Sport law work is most often charged (or calculated) on the basis of an hourly rate.

Please note that this is guidance for the approach which is taken in most cases in the relevant area of work. It does not preclude the barrister from charging fees on an hourly rate or a fixed fee basis (as appropriate) where the circumstances of the case, the work which the barrister is required to undertake, and the nature of the instructions best suit that model.

All fees are charged exclusive of VAT (where applicable).

Please contact the clerks in the first instance for information about fees and fee quotes because they will be able to provide you with the clearest information about what the services from barristers at Guildhall Chambers may cost. The clerks will also be able to provide you with information about what may cause any fee quote or estimates to vary. The clerks can only provide you with a quote based on the information which you provide to them, so please endeavour to provide a written summary of the important aspects of your case.

All quotes will be provided within a reasonable time, and in any event the clerks will aim to provide a quote within 14 days. If you require work urgently, please inform the clerks about this when seeking a quote.

We will always aim to set out quotes clearly, but if you receive your quote and there is something that you do not understand, please do not hesitate to contact the clerks. There is also an enquiry form on our website which allows you to provide the clerks with information for the purposes of generating a quote for your case.

Barristers in chambers can charge on an hourly rate basis or on the basis of a fixed fee. However, unless a fixed fee is set when a barrister initially receives instructions to undertake work on your behalf, then the barrister will work on an hourly rate basis.

Do barristers at Guildhall Chambers work on a “no win, no fee” basis? Can I fund my case with legal insurance?

Our barristers will also accept instructions under conditional fee arrangements (colloquially known as ‘no win, no fee’ arrangements) however the barrister is not obliged to agree to work on this basis and will have to enter into a written agreement to that effect in order to do so. Please contact the clerks in order to discuss whether this is an arrangement which you would like to explore in the circumstances of your case.

If you have any queries about whether you have legal insurance available to you to cover your costs and/or provide funding in relation to your legal costs then please read the guidance provided by Legal Choices at https://www.legalchoices.org.uk/legal-choices/money-talks/after-the-event-insurance/.

Do any of the barristers at Guildhall Chambers work without requiring a fee?

Some barrister will work without requiring a fee from their client (this is referred to as “pro bono” work). However, barristers are not required to act on this basis. If this is something which you are interested in for the purposes of your case, then please contact the clerks. Please note that pro bono work is normally provided through the Pro Bono ‘Advocate’ Scheme. For more information on that scheme please follow this link https://weareadvocate.org.uk/ or call 020 7092 3960.

Do barristers at Guildhall Chambers provide their services to clients who are funded by the Legal Aid Agency?

Barristers at Guildhall Chambers do provide their services to clients who are funded by the Legal Aid Agency. If you are unsure whether you are eligible for legal aid then please see the legal aid eligibility calculator at https://www.gov.uk/check-legal-aid.

Please note that barristers cannot do legal aid work unless they have been instructed by a solicitor. However, just because your case is eligible for legal aid funding does not mean that you cannot choose to proceed under Public Access scheme.

Timescales for a case may vary depending on factors such as the availability of the barrister, the type and the complexity of the case, the approach of the other side and court waiting times. Whilst all barristers will aim to complete any written and/or advisory services required on a case within 28 days this will not be possible in all cases. If there is a particular deadline then this must be raised and agreed with the barrister when any instructions are given to the barrister.

Please note that due to the impact of the COVID-19 pandemic many cases (both civil and criminal) have been delayed and there are significant backlogs in the system. Whilst this will not usually alter the timescales for the services which barristers at Guildhall Chambers will provide, it may mean that timescales given in relation to the progress of your case through the courts will be affected.

Whether the fees are to be charged on an hourly rate or a fixed fee basis there will be certain factors which may increase the level of work involved, and therefore the fees which are likely to be charged (or the number of hours involved). Those factors include:

The seniority of barrister required for your case. The more experienced the barrister (which is normally calculated on the number of years since they were called to the bar) the higher the likely level of fees to be charged.
The number of papers involved in the case and/or the complexity of the factual issues involved.
The time in which you require the work to be turned around and/or the services to be provided. More urgent work will often involve a higher level of fee (for example if this involves the barrister working over a weekend or prioritising your case over other work).
The amount of time that your case will require the barrister to be in court.
The amount of travel time required for the barrister to get to and from court. Travel time is usually charged at half the barrister’s hourly rate.
The complexity of the legal issues involved.
The significance of the case more generally, for example if the case has wider ramifications for the client generally and/or public or legal significance.

If you are concerned about the level of fees which may be involved in your case please inform the clerks at the earliest opportunity who will be able to discuss with the barrister how costs can be managed on the case.

Please not that fee indications are (unless expressly agreed otherwise) not “caps”, and if a barrister is required to do work on the case, then they will charge accordingly. We will always aim to inform you if the fees on the case are likely to exceed the fee quotes or estimates previously provided.

The best way to manage the level of the fees is to discuss the circumstances of your case (including any issues regarding fees) with the clerks when initially seeking to instruct a barrister.

Barristers at Guildhall Chambers are regulated by the Bar Standards Board (hereafter ‘BSB’). You can contact the BSB at 289-293 High Holborn, London, WC1V 7HZ or by telephone on 020 7611 1444. Please follow this link to the BSB website:
https://www.barstandardsboard.org.uk.

If you are interested in seeing: (i) whether a barrister has a current practising certificate or (ii) whether a barrister has any disciplinary findings (which are published on the BSB website) then you can search the Barristers’ Register on the Bar Standards Board website here.

What is the complaints procedure at Guildhall Chambers, and do I have any further rights of redress if I am unhappy with how my complaint has been handled?

If you have any complaint about the services provided by a barrister at Guildhall Chambers, then please read our complaints procedure here or download a pdf copy here

Guildhall Chambers have premises in both London and Bristol. Please find the addresses for our offices below:

Bristol offices:

5-8 Broad Street
Bristol
BS1 2HG

23 Broad Street
Bristol
BS1 2HG

London office:

Central Court
Southampton Buildings
London
WC2A 1AL

It is advisable to contact the Bristol offices in the first instance, because Guildhall Chambers do not have a permanent staff presence at the London office (although calls will be forwarded from the London office). This does not inhibit barristers from Guildhall Chambers from representing London clients or in appearing very frequently in the courts in London.

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James Fuller

For enquiries please contact