Call: 2017    
James McKean  
+44 (0) 20 7419 8000

Practice Overview


James joined New Square Chambers in October 2018 upon completion of his pupillage.

 

He now appears frequently in his own right in the High Court and County Court. His recent instructions include assisting the Secretary of State for Transport in a commercial claim brought by Eurotunnel, appearing in the High Court at short notice to oppose a freezing injunction, and drafting a claim against an administrator based on conduct in multiple jurisdictions.

 

During pupillage, he experienced a wide range of commercial-chancery work, including commercial litigation, civil fraud, company, insolvency, trusts and estates, and real property.

 

Before coming to the Bar, James read history at Lincoln College, Oxford, coming fifth in his year and receiving the highest arts mark in his college. He then took a double-first in the accelerated senior status law degree at St John’s College, Cambridge, and received the two highest student scholarships awarded by Lincoln’s Inn. He has also worked in New Delhi and Shanghai.

 

James can be instructed on a direct access basis.

 

  • Commercial Litigation
    • Recent instructions include:

      • Assisting the Secretary of State for Transport in a commercial claim brought by Eurotunnel which attracted national media attention;
      • Drafting a cross-border financial claim;
      • Advising on a 400,000 euro claim against a major bank involving issues of misrepresentation and res judicata;
      • Advising on a £150,000 contractual claim involving issues of money laundering, illegality and Quistclose trusts.

       

      During pupillage, James assisted in the following:

      • A three-week trial in the High Court with David Warner and Kristina Lukacova – UK Learning Academy Limited v The Secretary of State for Education [2018] EWHC 2915 (Comm);
      • A £650 million claim brought by a hedge fund against a major bank;             
      • A contract and undue influence claim concerning business interests in the United Kingdom, Guernsey, and Malawi;
      • A construction and architectural dispute.

       

  • Trusts and Estates
    • Recent instructions include:

      • Drafting a claim against the administrator of a multi-million-pound estate based on conduct in multiple jurisdictions;
      • A property dispute involving several Guernsey trusts and an offshore shell company;
      • Advising on a £150,000 claim involving Quistclose trust and money laundering issues.

       

      During pupillage, James assisted in the following:

      • An application for removal of executors and subsequent costs appeal with Alexander Learmonth – Griffin v Higgs [2018] EWHC 2498 (Ch);
      • A committal for will forgery with Alexander Learmonth – Patel v Patel [2017] EWHC 3229 (Ch);
      • A dispute involving the will of a former law lord with Alexander Learmonth – Goss-Custard v Templeman [2018] EWHC 2476 (Ch);
      • A High Court probate dispute involving eight parties with Stephen Schaw Miller;
      • A claim to set aside a trust settlement for reason of undue influence;
      •  A challenge to a will on the basis of invalidity;
      • An opinion on the construction of a will.

       

  • Property
    • Recent instructions include:

      • Bringing a £40,000 possession claim under a commercial lease;
      • Obtaining possession in a day trial under a residential lease;
      • A claim to extend a lease under the Leasehold Reform Housing and Urban Development Act 1999;
      • A claim for relief from forfeiture.

       

      During pupillage, James assisted in the following:

      • A Court of Appeal challenge to the Wireless Music Festival with George Laurence QC and Ross Crail – R on the Application of the Friends of Finsbury Park v Haringey London Borough Council [2017] EWCA Civ 1831;
      • A construction dispute raising issues of limitation and defective premises with David Warner;
      • An opinion on adverse possession and prescriptive rights;
      • Claims involving negligent installation of cavity wall installation;
      • A right of way claim;
      • A dilapidations claim against a former tenant of a commercial property.

       

  • Civil Fraud
    • During pupillage, James assisted in the following:

      • A six-week High Court conspiracy trial with Nigel Hood – Brent London Borough Council v Davies [2018] EWHC 2214 (Ch);
      • A confiscation claim arising out of a £38 million fraud with Nigel Hood – Mirchandani v Gheewala [2017] EWHC 3766 (QB);
      • An unfair prejudice and fraudulent misrepresentation claim with Nigel Hood;
      • Asset-tracing in the wake of a £70 million Ponzi scheme;
      • Advising on a claim against a fraudulent solicitor;
      • A deceit claim against suppliers to an international sporting venue.

       

  • Company
    • During pupillage, James assisted in the following:

      • An insurance claim involving a group of insolvent companies and raising novel points of law as to the authority of directors pending the dissolution of a company;
      • An unfair prejudice and fraudulent misrepresentation claim with Nigel Hood;
      • A claim involving a landholding company.

       

  • Insolvency
    • Recent instructions include:

      • Acting for a publication in insolvency proceedings which attracted national media attention;
      • Advising a creditor on a winding-up petition against a limited partnership;
      • Advising on the powers of a supervisor under a CVA;
      • Applications to dismiss, adjourn, and withdraw bankruptcy petitions;
      • Opposing several bankruptcy petitions with petition debts totalling over one million pounds;
      • Opposing an injunction to restrain the presentation of a £130,000 creditor’s petition in the High Court.

       

      During pupillage, James assisted in the following:

      • An insurance claim involving a group of insolvent companies and raising novel points of law as to the authority of directors pending the dissolution of a company.

       

  • Additional Information

© New Square Chambers Ltd