James Kemp

Specialisms:

Chancery

James has extensive experience in Chancery work, appearing regularly in the County and High Court across the Chancery spectrum including:

• Trusts and Trustees
• Administration of estates — Wills construction, beneficiaries, trustees and intestacy
• Family Provision claims
• Co-habitation and TOLATA claims
• Landlord and Tenant - Residential and Commercial
• Partnership disputes
• Enduring and lasting powers of attorney
• Court of Protection
• Real property -  Easements, boundary disputes, restrictive covenants, party walls and adverse possession
• Mortgages 

As head of Trinity’s Agricultural Practice Group, James has dealt with the rural community in the North East mainly through his Chancery practice and in particular relating to property. He has received instructions relating to this area in:

• Rights of Way and boundary disputes
• Ownership of farms including issues of succession, wills and trusts
• Landlord and tenant issues including Agricultural tenancies
• Agricultural Holdings
• Construction disputes encompassing farm buildings
• Regulatory offences involving farmers and farms

James has also dealt with a whole range of business disputes encompassing contract, director’s duties, and professional negligence.

Court of Protection & Mental Health

Dovetailing with his probate practice, James has dealt with cases concerning the protection of vulnerable adults, including matters of capacity, Powers of Attorney and issues surrounding deputies encompassing their appointment, scope and replacement or removal. He has also been instructed to represent local police forces with applications to interview vulnerable persons who have been the subject of an alleged criminal act.

Personal Injury & Clinical Negligence

James is instructed both for Claimants and Defendants across the whole range of personal injury issues including fatal accidents. He has experience in drafting the required pleadings and has appeared in both the County and High Courts in respect of liability and quantum issues.

Regulatory

James has been instructed in numerous regulatory matters both defending and prosecuting, including:

• Attorney General’s List of Prosecuting Advocates - frauds and other governmental prosecutions
• Trading Standards – counterfeiting and consumer protection issues
• Proceeds of Crime applications, condemnation hearings and cash detention
• Courts Martial
• Coroners inquests

Ancillary Relief

James undertakes instructions in this area following his many years dealing with inheritance acts claims encompassing spouses.

His chancery/business practice stands him in good stead in dealing with issues surrounding companies, partnerships, farms and pensions. In addition he has experience in trusts relating to cohabitation and property under TOLATA.

Cases:

Cooper v Francis (2010)
Application of a written agreement relating to property between a cohabitating couple both pre and post separation, and variation of its terms either written or orally.

C v B (2011)
Distribution of an estate amongst brother and sister, whether the property being the main assets had passed to the brother, presence of undue influence on the testator or whether the sister had a claim for constructive trust, proprietary estoppel and/or a claim under the inheritance act; use of family partnership monies – case settled at mediation.

Rathmell v Ditta and Jackson and Yorkshire Commercial Sales Limited (2011)
Transfer of trust property to a third party with knowing receipt by former trustees for consideration well below the value of the property. Whether the third party thus held the premises on constructive trust, injunction granted to preserve the property. Order granting return of the property to the trustees for sale and distribution.

Genn v Mason (2011)
Property dispute over a farm and the land attached after sale by lots at public auction. Issues encompassed, width of rights of way, access points from the right of way, boundaries, construction of grants in the subsequent transfers dealing with use of the rights of way, various trespass and interference of such rights and harassment

Jenkinson v Smith (2011)
A proprietary estoppel claim over a farm in which the claimant has worked on for a considerable amount of years for no pay on the reliance he would inherit the farm. Subsequent Will left the premises to another – matter settled after mediation for a substantial lump sum, in lieu of the farm itself.

G v P (2011)
Instructed by the Official Solicitor who acted on behalf of a beneficiary of a will who was the daughter of the testator but lacked capacity. Issues included construction of the Will, a potential claim under the Inheritance Act, and a claim for fraud. Matter settled with a Tomlin Order, deed of variation and a declaration of trust giving the daughter suitable portion of the estate to be administered appropriately.

Re DR (deceased) (2008)
What was at the time the longest inquest in the jurisdiction of the Teesside coroner. James represented the family at the hearing which involved jury and article 2 issues concerning the death of a private care home resident during a fire that broke out at the premises.

FSA v Bradbury et al (2010)
Defending one party in a prosecution by the FSA for a ‘Ponzi’ scheme run by a family involving various companies. Matter was discontinued against this defendant after negotiating an appropriate settlement.

R v N (2011)
Prosecution of a commercial importation of offensive weapons, described by two senior circuit judges as a very unusual case. Defendant was sentenced to 3 ½ years.

R v Daniels(2010)
Prosecution of the magician Paul Daniels’ son for a fraud against his employers the NHS in which, he commissioned work through an unsuspecting company and offered to carry it out himself as a sub-contractor for them. The firm would invoice the trust, take a small percentage when the bill was paid, and pay Daniels – not knowing that the work was never carried out.

Appointments:

Appointed to the Unified List of Prosecution Advocates on behalf of the Attorney General.

Memberships:

Agricultural Law Association

Lectures & Seminars:

Trusts of land
Money laundering and confiscation under the Proceeds of Crime Act
Civil litigation

Additional Information:

James is a qualified PADI Master Scuba Diver.

James is able to receive instructions direct from the public or businesses through the Bar’s public access scheme.