James Saunders

James is an up and coming junior of the Trusts and Probate Bar (Chambers and Partners UK Bar and High Net Worth 2026).

James has gained extensive experience of trusts and estates disputes including offshore litigation in the Isle of Man and Jersey and of non-contentious matters. To his core trust and estates practice James adds extensive knowledge of fiduciary issues including in an insolvency context, asset recovery, real property and trusts in commerce. James continues to advise on a long running TSP provider liquidation in the Isle of Man. James has a particular knowledge of co-trustee/executor claims and has written on Will variations for the leading international journal Trusts and Trustees.

James regularly works on matters including:        

• Applications for trustee or executor removal amongst other Part 64 procedures (including analogous issues of trusts in liquidation e.g. distribution plans)
• Cross-border estate administration and succession disputes
• Challengeable lifetime transactions vesting in executors, including those affected by attorneys.
• Co-habitation (ToLATA), proprietary estoppel, trust related fraud and trust administration claims
• Associated claims by and against estates, e.g. constructive trusts, proprietary estoppel, possession, accounts.
• Contentious probate claims (undue influence, knowledge and approval, capacity etc)
• Variation of Trusts Act 1958 Claims
• Claims for provision under the Inheritance (Provision for Family and Dependents) Act 1975
• Rectification and rescission of trust instruments, including sham trusts.
• Liquidations, bankruptcies and administrations engaging insolvency, trusts and property law considerations.
• Particular issues arising in respect of costs in trusts and estate litigation.
• Constructive and resulting trusts claims, tracing and associated personal claims e.g. knowing receipt/dishonest assistance.
• Non-contentious procedures including limited grants, S.116 applications and strategies surrounding caveats, warnings and appearances.

James’ recent instructions include:

• Acting in relation to multiple 1975 Act claims, including in relation to substantial multi-million pound estates.
• Advising (led by Nicholas Le Poidevin KC) in relation to the contemplated restricting of a substantial Bermudian trust.
• Acting in a trial on written evidence to pronounce against a last will for want of capacity acting for a charitable beneficiary in the High Court.
• Advising (led by Nicholas Le Poidevin KC) in relation to grounds of appeal in a matter concerning fiduciary duties in Hong Kong
• Advising in relation to the validity of a Ghanaian customary marriage with repercussions for intestacy entitlements.
• Acting as sole counsel in relation to two High Court applications for directions and Berkeley Applegate relief in the distribution of trust funds held by insolvency corporate trustees.
• Acting as junior to Alex Learmonth KC seeking permission to appeal to the Supreme Court in Hudson v Hathway [2022] EWCA Civ 1648
• A three-day proprietary estoppel trial including issues of countervailing benefit receipts
• Advising on the construction of a Will in relation to a substantial Isle of Man estate
• Successful 2-day trial acting for a judgment creditor challenging a trust deed of the family home as a sham
• Successful without notice and on notice proprietary freezing injunction against a trustee of land for an improper house sale in the domestic setting
• Advising in a partnership dissolution dispute involving trust of land issues, estate administration, executor misfeasance and challenged lifetime transactions
• A professional negligence claim against solicitors for failing to sever a joint tenancy of land

James’ property practice divides between traditional real property work (e.g. real property matters such as easements, restrictive covenants, nuisance, commercial landlord and tenant disputes, mortgages/receivership) and areas which overlap with trusts, estates and fiduciary considerations (e.g.  TOLATA proceedings, proprietary estoppel, constructive trusts of land).

James has significant experience of the interaction between real property issues with trusts/estates and insolvency/bankruptcy.

James’ recent instructions include:

• Advising a trustee in bankruptcy in relation to challenging the fees and remuneration claimed by LPA receivers of mortgaged partnership property.
• Acting as sole counsel in numerous proprietary estoppel claims for both claimants and defendants
• Advising upon the enforceability and strategic approach to restrictive freehold covenants in the face of a large planned housing development.
• Advising on a dispute between neighbours for negligent construction works causing garden collapse
• Acting as junior to Alex Learmonth KC seeking permission to appeal to the Supreme Court in Hudson v Hathway [2022] EWCA Civ 1648, the landmark decision concerning detrimental reliance and constructive trusts of the family home
• A successful two-day trial before HHJ Gerald rectifying a commercial lease to insert a rent review provision.
• Successful High Court appeal in Castle Trust v Batra [2022] EWHC 2678 (Ch) concerning bankruptcy and a commercial lender’s alleged liability for their appointed mortgage receiver.
• Successful 2-day trial acting for a judgment creditor challenging a trust deed of the family home as a sham
• A three-day proprietary estoppel trial before HHJ Owen including issues of countervailing benefit receipts
• James continues to advise in the complex liquidation of a large Isle of Man trusts and corporate service provider engaging issues of corporate insolvency, trusts and property law.
• Successful without notice and on notice proprietary freezing injunction in Bristol High Court against a trustee of land for an improper house sale in the domestic setting

James is a Tier 3 ranked Leading Insolvency Junior (Legal 500, UK Bar 2026) praised for his “strong technical grasp of insolvency law”, and “strongly recommended as an up-and-coming junior on insolvency and directors’ duties”.

James has developed a very busy insolvency and company law practice covering all aspects of personal and corporate insolvency, directors’ duties, directors disqualification and unfair prejudice petitions.

James has gained significant experience in respect of claims against directors for breach of duty together with Insolvency Act antecedent recovery claims and is regularly instructed by IP’s/office holders, litigation funders and individuals (debtors and creditors). James has a particular knowledge of co-director/office holder claims acting, speaking and writing in the field.

James’ insolvency practice frequently crosses paths with trusts and real property issues along with questions of directors’ duties.

James’ recent instructions include:

• Successful 4-day High Court directors disqualification trial in The Secretary Of State For Business And Trade v Roderick [2025] EWHC 284 (Ch)
• Expedited 5-day Circuit Commercial Court trial (with Adrian Pay) in Spill Bidco Limited v Wishart [2025] EWHC 2513 (Comm) concerning directors duties, conflicts, and Jersey Law.
• Successful two-day trial before ICCJ Jones in Manolete v Bawcutt (2024, unrep) involving recovery of a DLA, challenging improperly declared and applied dividends in breach of the creditor’s interest duty and recovering unauthorised payments.
• Advising upon and drafting defence proceedings in a multimillion-dollar claim against Jersey directors and corporate service provider (unled) including issues of vicarious liability for appointed directors.
• Successfully resisting an open-ended stay delaying breach of duty proceedings in Re Traxx (Aggregates) Ltd [2023] EWHC 236 (Ch)
• Successful High Court appeal before James Pickering KC in Castle Trust v Batra [2022] EWHC 2678 (Ch) concerning bankruptcy and a commercial lender’s alleged liability for their appointed receiver.
• Successfully resisting a remuneration challenge of a trustee in bankruptcy’s fees and expenses in the High Court
• James continues to advise in the complex liquidation of a large Isle of Man trusts and corporate service provider engaging issues of corporate insolvency, trusts and property law.
• Advising upon multiple applications for directions and Berkeley Applegate relief for the distribution of trust funds held by liquidators/administrators of insolvent corporate trustees.
• Successfully setting aside a bankruptcy statutory demand on the basis of the unenforceable penalty rules in Slowikowsa v Rogers [2021] EWHC 192 (Ch)
• Advising on claims for recoveries against directors following failed EBT schemes
• Claims against errant directors under the Companies Act for breach of duty and under the Insolvency Act in respect of voidable preferences/TUVs
• Advising on a transaction at an undervalue with a conveyance of a beneficial interest between spouses and upon recovery claims with allied issues of trustees liens for indemnity.
• A successful application to wind up a partnership with two bankrupt partners as an unregistered company under the Insolvent Partnership Order.
• Advice on an English corporate administration with issues concerning intellectual property rights and non-assignment clauses and cross-jurisdictional Californian and Canadian arbitration considerations.

Civil fraud arises in and interacts with all of James’ core practice areas of trusts/estates, insolvency and real property. James advises upon and acts in cases concerning issues including, freezing/proprietary injunctions, knowing receipt/dishonest assistance/tracing, shams, Norwich Pharmacal and non-party disclosure orders, misrepresentation and undue influence, rescission and unjust enrichment.

James’ recent instructions include:

• Acting for an assignee pursuing claims to set aside transactions defrauding creditors as well as underlying claims for fraudulent breach of directors’ duties.
• Successful 2-day trial acting for a judgment creditor challenging a trust deed of the family home as a sham
• Successful without notice and on notice proprietary freezing injunction against a trustee of land for an improper house sale in the domestic setting
• Acting in Powell v Rad [2022] EWHC 1344 (Ch) concerning the alleged fraudulent misappropriation of funds by staff from a family resident in Monaco, with considerations of misrepresentation, quistclose trusts, jurisdiction and freezing relief.
• Appearing in a 4-week High Court trial concerning the misappropriation of assets and various issues of partnership law led by Nigel Hood (Sidhu v Rathor [2020] EWHC 1916 (Ch)).
• Advising on an estates claim raising freezing injunctive relief, committal for contempt of court and the examination of a debtor under CPR 71 together with associated enforcement issues
• Drafting proceedings concerning unlawful and lawful means conspiracy.
• Defending proceedings concerning the payment of fully and half-secret commissions.
• Applications for final charging orders and third-party debt orders in the High Court in the context of corporate fraud and misappropriation of company assets.
• Claims against errant directors under the Companies Act for breach of duty and under the Insolvency Act in respect of voidable preferences/TUVs
• Advising on questions of unjust enrichment, tracing, knowing receipt and transactions at an undervalue in relation to an insolvency process involving multiple corporate entities.

James advises on disputes concerning breaches of directors’ duties, often in an insolvency context, unfair prejudice petitions/just and equitable winding up and partnership matters including actions between partners and dissolution proceedings.

James also welcomes instructions concerning directors’ disqualification proceedings and pre-action steps.

James has also recently advised on a number of cases involving complex questions of dissolution, restoration and the effect of both upon corporate property, claims limitation and vesting orders for real property assets.

James’ knowledge and experience in these areas is also frequently deployed when acting in relation to complex trusts and estates involving varied assets.

James’ areas of expertise include:

• Acting (with Adrian Pay) in High Court proceedings concerning allegations of breach of directors’ duties, breach of confidence, business competition and conspiracy.
• Successful two-day trial before ICCJ Jones in Manolete v Bawcutt (2024, unrep) involving recovery of a DLA, challenging improperly declared and applied dividends in breach of the creditor’s interest duty and recovering unauthorised payments.
• Proceedings for the dissolution of partnerships, whether in civil actions or an insolvency context
• Advising upon partnership related injunctions and responsibilities upon dissolution and winding up
• Advising upon S.994 petitions including where claims interact with novel proprietary estoppel considerations and trusts of shares
• Advising upon corporate governance considerations including boardroom roles and responsibilities and a director’s ability to resign from office
• Complex questions of dissolution, restoration and the effect of both upon corporate property, claims limitation and vesting orders for real property assets.

James continues to develop a busy and varied commercial practice advising on cases including:

• Joint ventures (including contractual matters, fiduciary duties and Pallent v Morgan claims)
• Claims regarding aircraft leasing breaches with significant cross-border considerations and is presently acting in relation to international Swiss-rules arbitration proceedings
• Contractual disputes including misrepresentation, mistake, undue influence, breach, estoppel
• Banking and financial services including Quincecare claims
• Loans, guarantees and indemnities
• Unjust Enrichment (in which James ranked 1^st in his year at UCL)
• Asset recovery strategies (including inter alia receivership, pension enforcement and insolvency procedures)

James’ recent instructions include:

• Expedited 5-day Circuit Commercial Court trial (with Adrian Pay) in Spill Bidco Limited v Wishart [2025] EWHC 2513 (Comm) including allegations of breach of confidence, unlawful means conspiracy and breach of contractual restrictive covenants
• Successfully setting aside a bankruptcy statutory demand on the basis of the unenforceable penalty rules concerning personal guarantees in Slowikowsa v Rogers [2021] EWHC 192 (Ch)
• Advising upon high value aircraft disputes with cross-border jurisdiction considerations with ongoing international arbitration proceedings
• Advising upon unlawful restraint of trade covenants in a joint venture contract.
• Advising upon, and drafting proceedings concerning, the application of proprietary estoppel concepts to claims in respect of the share ownership of a large business.
• Advising on rights under an advertising contract in connection with Gatwick airport.
• Assisting with a large group action against a bank for the mis-selling of Spanish timeshare property (with Amit Karia)
• Advising in respect of potential claims against trading platforms concerning spread betting losses
• Advising on a professional negligence claim against an investment fund for failed pension investments

• Bar Professional Training Course, City Law School (Outstanding)
• LLB, University College London (First Class Honours
• Unjust Enrichment First in Year

• Major Scholarship (Inner Temple)
• Harold G Fox Scholarship (Middle Temple)
• Provosts Award for Academic Excellence (University College London)

“Crowden v Aldridge: The Correct Approach to Variations?” in Trusts and Trustees, addressing deeds of variation.

• Contentious Trusts Association (ConTrA)
• R3
• Property Bar Association
• Chancery Bar Association (ChBA)

“James combines clear commercial insight with a strong technical grasp of insolvency law, offering consistently pragmatic and straightforward advice.”

“James is astute, helpful, pragmatic and user-friendly.”

“He is very commercial and really keeps that at the heart of his decisions. “

“James Saunders is very succinct and provides a high quality of advice.”

Chambers UK Bar 2026 – Restructuring/Insolvency; Band 5

“James has commercial experience and works well for cases with a property issue. He is also organised and clients really like him. He is really user-friendly.”

“James Saunders is a very bright junior and great to work with.”

“James Saunders works all round the clock. He is such a hard worker and he genuinely seems to care for the clients.James Saunders works all round the clock. He is such a hard worker and he genuinely seems to care for the clients.”

Chambers UK Bar 2026 – Chancery: Traditional; Up and Coming

“He has got the commercial experience and works well for cases with a property issue. He is also organised and clients really like him. He is really user-friendly.”

“James Saunders is very bright junior and great to work with.”

Chambers & Partners High Net Worth London Bar 2025 – Chancery: Traditional: Up and Coming

“He is good on his feet and has excellent encyclopedic knowledge.”

“He is an excellent advocate who offers practical advice, intellect of the highest calibre and great attention to detail.”

“James is a thorough and capable junior.”

“James will go above and beyond for his clients and often will not only just present a legal solution but will also present a commercial solution for clients.”

Chambers & Partners UK Bar 2025 – Restructuring/Insolvency: Up and Coming

“James is incredibly quick and efficient, extremely knowledgeable in this area, a master of the detail. Strongly recommended as an up-and-coming junior on insolvency and directors’ duties.”

Legal 500 UK Bar 2024 – Insolvency, Tier 4

“James is very diligent and thorough and fights hard for his clients. He goes above and beyond to explore legal points in detail and leaves no stone unturned.”

Legal 500 UK Bar 2024 – Private Wealth and Probate, Rising Star Tier 1

“Expedient, efficient, concise and reliable. James always goes above and beyond what is asked of him without question and is prepared to squeeze in work with tight deadlines without any effect on the quality of his advice, drafting or advocacy.”

Legal 500 UK Bar 2024 – Insolvency, Tier 4

“James is down to earth with excellent communication skills. He is bright, responsive and thoughtful.”

Legal 500 UK Bar 2024 – Private Client: Trusts & Probate, Rising Star Tier 1