We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
"James has been excellent and very thorough. His advice was pivotal"
Stephen Arnold
Practice Director - 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
Charlotte Blair
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Rachael Allen
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
James enjoys a busy court and advisory practice and is regularly instructed to appear in the High Court, County Court, Upper Tribunal (Lands Chamber), and First-tier Tribunal (Property Chamber). He also regularly represents clients at mediations and arbitrations.
James is a noted specialist in agricultural matters and is ranked as Tier 1 in Agriculture in the 2026 Legal 500 and Band 2 in Chambers & Partners. He is also ranked in the 2026 Legal 500 in Property and Construction, and in Chambers & Partners in Chancery.
James is a co-author of ‘A Practical Guide to Missing Persons and the Administration of Estates’, published by Law Brief Publishing.
Prior to being called to the Bar, James practised as a solicitor specialising in agriculture and landed estates.
On several occasions, James has been appointed in a quasi-judicial capacity to chair domestic tribunals and internal disciplinary/appeals tribunals relating to agricultural matters.
James is a specialist agricultural practitioner and is ranked as Tier 1 in Agriculture in the 2026 Legal 500 and Band 2 in Agriculture & Rural Affairs in the Chambers & Partners UK Bar Guide 2026. He is a member of the Agricultural Law Association.
James regularly advises on a wide range of agricultural disputes, and his experience includes:
Advice in respect of proceedings before the Agricultural Lands Tribunal Wales in respect of an application under section 50 of the Agricultural Holdings Act 1986 for succession to an agricultural tenancy.
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 is a real property specialist and is ranked as Tier 2 in Property and Construction in the 2026 Legal 500.
He has significant litigation and advisory experience in the full range of real property matters, including:
James has a particular interest and specialism in cases concerning restrictive covenants. He 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:
Hughes Family Property Co Ltd v Cotton [2025] EWHC 1636 (Ch), [2026] 1 P . & C.R. 14, [2026] 4 C.L. 156
James appeared before the High Court in an application under s.84(2) of the Law of Property Act 1925 for a declaration as to the enforceability of restrictive covenants. The High Court found that a sub-seller could enter into enforceable restrictive covenants with a sub-purchaser that would benefit land to which the sub-purchaser did not have legal title to at the time the restrictive covenants were entered into, on the basis that the sub-seller had a sufficient interest in the land to be benefitted by the restrictive covenants as the sub-seller had an equitable interest in the benefitting land by virtue of an uncompleted contract for sale.
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 advises on all areas of agricultural (for specific detail see “Agriculture” section of James’s profile”), commercial, and residential, landlord and tenant disputes, including:
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 in a broad range of private client matters and is able to assist with:
Recent work includes:
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 under the Presumption of Death Act 2013.
Re Houslip (2024, Bristol District Registry)
James successful obtained a declaration of presumed death under the Presumption of Death Act 2013, the High Court finding that the time of death was nautical twilight in the specific area of the county in which the missing person disappeared whilst diving.
James acts on matters involving public rights of way, commons, town & village greens, environment, and planning related matters, including:
Stephen Arnold
Practice Director - 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
Charlotte Blair
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Rachael Allen
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
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