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James Brightwell
Call: 2000 

James Brightwell studied law at Emmanuel College, Cambridge, where he obtained first class honours in both his undergraduate and Masters degrees, and in his finals was placed second in his year. Before pupillage he returned briefly to New Zealand, where he grew up, to work in the tax department of Bell Gully in Wellington.

James is a specialist in trust, tax and estate matters. He has acted as an expert witness in English trust law in proceedings in Jersey, a jurisdiction of which he has particular experience. His work includes contentious probate, claims under the Inheritance (Provision for Family and Dependants) Act 1975, estate planning, the administration of estates and will construction and advising on variations to trusts. He has recent experience of applications by trustees for directions, for Beddoe relief, and applications seeking the removal of trustees and personal representatives. He is a co-author of the 18th edition of Lewin on Trusts (2008).

Much of his work includes commercial chancery litigation. This involves contentious trust disputes, such as the long-running Alhamrani litigation, as well as acting in professional negligence cases involving advice relating to his main areas of practice.

Recent cases include:

  • Bernstein v Jacobson [2008] EWHC 3454 (Ch);
  • Alhamrani v Alhamrani (Royal Court of Jersey, trial ran from November 2008 to July 2009);
  • Freeman v Ansbacher [2009] JLR 1;
  • Whalen v Kelsey [2009] WTLR 1297;
  • BTA Bank v Stepanov.

James also undertakes property work, particularly in cases involving trusts of land and proprietary estoppel.


Directories and Acknowledgments
Leader at the Bar - Chancery: Traditional - Chambers UK 2011

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