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James Davies

Civil and Commercial Mediator

   

Practice Overview

James came to the Bar in 2004 having previously qualified as a Chartered Accountant with a particular emphasis on family owned companies and businesses. At the Bar his commercial chancery practice builds on this finance background and he is repeatedly ranked in both the Legal 500 and Chambers and Partners directories.

 

He is sought after for his grasp of detail and his commercial approach to developing pragmatic solutions. Initially coming to mediation as an advocate representing parties he subsequently trained as a mediator with ADR Group.

 

Professional Background

James’ practice is principally divided between commercial disputes and traditional chancery work.

The commercial practice encompasses the full range of business disputes: sale of goods disputes (especially involving motor vehicles, including classic cars, custom built commercial vehicles, and tri-partite disputes with finance companies); franchise disputes, where he has experience of advising and representing both franchisees and franchisors; guarantees and the Commercial Agents Regulations. There is a particular emphasis on business ownership and control disputes involving companies and partnerships: minority shareholder actions (unfair prejudice petitions, breach of shareholder agreements), misconduct by directors, exclusion of directors from management, and rights of directors, partnership disputes, takings of account, dissolution, and expulsion of partners. James is co-author of Partnership Disputes by Sweet & Maxwell.

James’s chancery practice has a property focus, including landlord and tenant, mortgages, overage and disputes arising out of the sale and purchase of land. He has advised and acted for both vendors and purchasers in cases of misrepresentation, disputes arising out of Property Information Form answers and non-disclosures, enforcement of contracts and resisting claims for the return of deposits. There is a related probate practice which involves claims under the Inheritance (Provision for Family and Dependants) Act 1975, especially with adult child claimants.

James has a related professional negligence practice encompassing solicitors and accountants. His solicitors’ professional negligence expertise includes: litigation, advising on costs and funding, conveyancing and the drafting of trusts. This work frequently draws on James’s other practice areas and his skills as an accountant in considering issues of breach and causation. In relation to accountants his experience covers breach of fiduciary duty, mis-use of client funds, and mis-selling of tax mitigation schemes.

Recent Mediations:

  • Trusts of land disputes between family members
  • Boundary disputes
  • A shareholder dispute with a linked jointly owned property. James successfully mediated the dispute to settlement following a late instruction.
  • A number of mediations of claims under the Inheritance Act, involving second life partners and needs based defences, all of which successfully settled.
  • A long running shareholder dispute which was successfully mediated a month before a four day High Court trial.


Endorsements

  • "He’s brilliant on detail. He’s particularly good where there’s a debate over figures or where there are issues over deals involving complex transactions”

  • “He is thorough, well prepared and accessible ...”  Chambers and Partners 2015


Personal Interests

When not working James is a keen cyclist and amateur cook.
 

Areas of Specialism

  • Accounting
  • Boundary Dispute
  • Commercial
  • Company
  • Contract
  • Costs
  • Inheritance
  • Landlord & Tenant
  • Partnership
  • Professional Negligence
  • Property
  • Real Estate
  • Right of Way
  • Shareholder Dispute
  • Wills and Probate



Get in Touch

ADR Group
The Dounsells, Mores Lane, Brentwood, Essex CM14 5RZ

General Office Enquiries
020 3600 5050
info@adrgroup.co.uk

Office Hours
Monday to Thursday - 9.00am to 5.30pm
Friday - 9.00am to 5.00pm

Out of Office Contact
Mark Belford +44 7703 308 923


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