Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email
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.
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
James Fuller is a member of the Property & Estates Team.
James specialises in all areas of real property and landlord and tenant. He 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 has a particular interest in agricultural matters and has been ranked as the sole ‘Rising Star’ in Agriculture in the 2025 Legal 500. James is also ranked in the 2025 Legal 500 as a ‘Rising Star’ in Chancery, probate and tax.
James has litigation and advisory experience in most areas of Real Property, including:
Recent cases include:
Robertson v Pace [2024] UKUT 123 (LC)
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:
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:
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 commercial and residential landlord and tenant disputes, including:
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:
James has experience in a broad range of commercial disputes including:
James also welcomes instructions to represent clients at adjudications, arbitrations, and mediations.
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
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