James Walmsley

Private Client/Trusts CV

Many of James' cases have a significant trust law element.

In addition to cases involving pension schemes, James's experience in this area includes:

• Successfully representing trustees at first instance and on appeal in contested proceedings concerned with the proper construction of the impact of an adoption on the contingent rights under the statutory trusts applicable on an intestacy and the nature and extent of duties owed by trustees towards beneficiaries under those statutory trusts.
  
  
• Acting (with Robert Ham QC) on an application for court approval of an amendment to an employee benefit trust deed in the context of a £300m takeover of the employer, where the trustee was the major shareholder of the employer.
  
  
• Acting (with Michael Bloch QC) for trustees as non-party applicants seeking to prevent CPR Part 71 cross-examination from being used for the collateral purpose of eliciting confidential information concerning the relevant trusts.
  
  
• Acting (with Michael Bloch QC) in relation to a case involving undue influence and breach of fiduciary duty where a legal advisor had taken "a loan" from a client.