Practice overview

James is a leading commercial chancery junior, who undertakes property, pensions, trusts, and commercial chancery cases more generally, as well as associated professional liability work.  He is able to combine specialist knowledge and expertise in each of these areas with the broader knowledge and perspective provided by his practice as a whole.  His practice takes him to all Courts: from the County Court to the Supreme Court, where he has been briefed five times, including for the leading case on the law of penalties (Cavendish v Makdessi), a case on vicarious liability for fraud (Frederick v Positive Solutions), and the only case at the highest level on the modification of restrictive covenants (Alexander Devine Children’s Cancer Trust).  He has been recommended in both legal directories for many years, with his recommendations noting not just his technical knowledge and work ethic, but also his skills as an advocate, his tactical nous, and his ability to deliver pragmatic advice in a way that clients understand.

Most of his practice is unled.  He regularly appears in heavy applications and trials in both the County Court and the High Court, and increasingly frequently unled against silks.  He has appeared unled in the Court of Appeal.  He often advises on substantial matters in his own right.  James also enjoys acting as a junior, and in that capacity has worked with some of the leading silks in Chambers and at the bar more generally.  In either case, James always seeks to work collaboratively as a team with his instructing solicitors to deliver the best possible result for the client.

James's expertise

Download Pensions CV

Pensions

James is recognised as one of the leading pensions juniors at the Bar.  The current edition of The Legal 500 describes him as “A real team player, extremely bright with excellent drafting skills” while Chambers and Partners commends his responsiveness and attention to detail.  He has extensive experience in pensions litigation, regulatory work (where he has acted in most of the high profile regulatory actions in recent years) and advisory work.  As well as work in his own right, he has juniored for most of the leading pensions silks, inside and outside of Chambers.

His work covers areas including the construction of scheme rules generally, equalisation, indexation, insolvency (including s.75 debts and guarantees), trustee investment duties, and validity of amendments.  He has very significant experience in regulatory work, and has been involved in a number of high value rectification cases, including cases involving successive “IBM” rectification, and cases raising issues of construction alongside possible rectification.

He also acts in a variety of often very high-value professional negligence actions, both for and against professionals, trustees, and scheme consultants and administrators.  In that context, he has acted (including acting unled) for some of the leading pensions solicitors’ firms defending actions brought against them.

Example cases in the public domain include:

  • Box Clever: James acted for the Targets in the FSD trial (the first ever trial in the Upper Tribunal under the moral hazard powers), and in the Court of Appeal, and continues to act in the quantum proceedings.
  • BT: James acted for the rep ben in successfully resisting a change in the index for increasing pensions from RPI to CPI (a move that would have cost the members around £2 billion).
  • Carrington Wire: James acted for two Targets in these contribution notice proceedings.
  • Nortel: James was part of the team for the Trustee in both the North American insolvency litigation and also the English FSD proceedings.
  • Shannon v Viavi: James acted unled for the Trustees at first instance and in the Court of Appeal.
  • Silentnight: James acted for the Targets in the high-profile contribution notice proceedings arising out of the pre-pack administration of the well-known bed manufacturer.
  • Thales: James acted for the defendant trustee successfully resisting a change in the index for increasing pensions from RPI to CPI.
  • TPT: James is currently acting in these Part 8 proceedings, due for ‘Part 1’ trial in 2025, about the effect of a fetter on an amendment power in a highly complex industry-wide scheme.

Download Pensions CV

  • Quote symbolA barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.

    The Legal 500 2024

  • Quote symbolJames is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.

    Chambers & Partners 2024

  • Quote symbolA real team player, extremely bright with excellent drafting skills.

    The Legal 500 2024

  • Quote symbolJames provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.

    Chambers & Partners 2024

  • Quote symbolJames is very intelligent and explains his thinking in a client-friendly way.

    Chambers & Partners 2024

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    Articles

    Climate Change and Investment Duties: a Prisoner’s Dilemma?

    James McCreath has written an article on the recent FMLC report on pension trustees and fiduciary duties. The article was first posted on Paul Newman KC‘s website pensionsbarrister.com. Read the full article

    By James McCreath
    Thursday 29 February 2024

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    Articles

    Public sector pension schemes

    In the most recent article published on Paul Newman KC‘s website, James McCreath considers whether authorities administering public sector schemes are trustees, fiduciaries or just public servants. This article was first published on Paul’s website pensionsbarrister.com Read the full article

    By James McCreath
    Thursday 23 February 2023

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    Publications

    The Edward Nugee Memorial Lectures 2020

    Robert Ham KC | Michael Furness KC | Jonathan Davey KC | David Pollard | Thomas Robinson | James McCreath | Jonathan Chew | Simon Atkinson | Francesca Mitchell
    June 2020

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    Publications

    The Edward Nugee Memorial Lectures 2019

    Robert Ham KC | Jonathan Hilliard KC | David Pollard | Sebastian Allen | James Walmsley | James McCreath | Jonathan Chew | Bobby Friedman | Simon Atkinson | Michael Ashdown | Tara Taylor | Daniel Scott
    June 2019

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Commercial disputes

James is recommended in Chambers & Partners and Chambers Global for Commercial Chancery work.  He has been described as “really exceptional”, “very tactical”, and “a joy to work with”.  His work ranges from straightforward contractual or tortious disputes to highly complex litigation.  The breadth and depth of his practice more generally means that he is particularly adept at commercial cases which require an understanding of ‘chancery’ points:  such as cases arising in the context of property (including lending secured on property), insolvency, or pension schemes, or cases requiring detailed understanding of structures such as partnerships, trusts, and companies.  He also has significant experience of professional negligence claims arising in a commercial context.

James thrives on working as part of a team, sometimes as junior to a silk but more often as the senior barrister instructed.  He enjoys the tactical challenge of best positioning the client for a favourable settlement, and – if an acceptable settlement cannot be reached or is not the objective – is at his happiest on his feet in Court.

Significant recent cases in the public domain include:

  • Acting for BAE Systems in Commercial Court proceedings about the terms of certain insurance policies: the claims settled on the first day of trial in 2023.
  • Acting for Leading and Junior Counsel in a 23-day Commercial Court trial defending allegations of misconduct of litigation: the claims were held by the Judge to have “not the slightest merit” (King v DWF [2023] EWHC 3123 (Comm)).
  • Acting unled in a 3-day High Court trial and then in a successful appeal to the Court of Appeal in a claim for restitution of allegedly ultra vires charges, raising issues as to ownership of sewers and limitation for claims in mistake: (Brendon International v Water Plus [2024] EWCA Civ 220).
  • Acting unled in a 3-day High Court trial (against a silk) successfully obtaining declarations as to the construction of an option, and defending a claim for rectification (Retirement Villages Developments Ltd v Punch Partnerships (PTL) Ltd [2022] EWHC 65 (Ch)).
  • Acting in very substantial litigation concerning the contract for the sale of the penthouse in the 1 Grosvenor Square development in Mayfair, concerning the applicability of the law against penalties to deposits and the extent of the doctrine of relief from forfeiture (see in part Lodha Developments 1GSQ Ltd v 1 GSQ 1 Ltd & Anor [2020] EWHC 2356 (Ch)).
  • Acting unled for Water Plus and United Utilities in a seven figure claim for restitution of allegedly ultra vires charges, which settled on the first day of a 10 day High Court trial in 2023.
  • Acting unled in a 6-day High Court trial about the amounts due to the members of a partnership brokering the right to advertise on Premier League pitchside boards to a client in the PRC (McGill v Huang [2021] EWHC 938 (Ch)).
  • Acting unled for a project manager and architect recovering fees from a developer on the basis of contract and quantum meruit (TC Development (South East) Ltd v Investin Quay House Ltd [2019] EWHC 3727 (TCC)).
  • Acting unled in a 3-day High Court trial for a director of a company successfully resisting a claim by a bank for possession of the company’s development site.

Download Commercial disputes CV

  • Quote symbolA barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.

    The Legal 500 2024

  • Quote symbolJames is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.

    Chambers & Partners 2024

  • Quote symbolA real team player, extremely bright with excellent drafting skills.

    The Legal 500 2024

  • Quote symbolJames provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.

    Chambers & Partners 2024

  • Quote symbolJames is very intelligent and explains his thinking in a client-friendly way.

    Chambers & Partners 2024

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    Events / Webinars

    Wilberforce Commercial Conference: The Future of Commercial Litigation

    Thursday 28 March 2019 | 12.30pm - 5.30pm followed by drinks
    Kimpton Fitzroy, 1-8 Russell Square, Bloomsbury, London WC1B 5BE

    £120 + VAT | 3.5 CPD

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    Events / Webinars

    Birmingham Commercial Conference

    Wednesday 6 June 2018 | 16.00 - 18.30 followed by drinks
    The Cube, 196 Wharfside St, Birmingham B1 1RN

    £40 + VAT | 2.0 CPD

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    Events / Webinars

    The future of the doctrine of penalties

    Thursday 5 November 2015 | 6.30pm – 7.30pm (Registration from 6.00pm)
    The Law Society, 113 Chancery Lane, London WC2A 1PL

    1.0 CPD

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    Events / Webinars

    Wilberforce Cayman Conference

    Tuesday 22 September 2015 | 4.15pm onwards (registration 3.45pm)
    The Ritz Carlton, Cayman, Seven Mile Beach

    1.5 CPD

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James's expertise

Download Property CV

Property

James’ property practice embraces a wide range of real property and landlord and tenant work, both in the commercial and residential context.  Much of his work is litigious, but he also enjoys advising on transactions and helping clients understand and mitigate the risks involved.  He regularly appears unled in substantial trials, and his appellate appearances include Alexander Devine Children’s Cancer Trust in the Supreme Court, the only case on modification of restrictive covenants ever to get that high, and Cavendish v Makdessi, now the leading case on the law of penalties, deposits, and forfeiture.

He is also very well-versed in professional liability claims against professionals in the property world, from surveyors and architects to lawyers.  He regularly acts for and against such professionals.

Both Chambers & Partners and The Legal 500 recognise James as a leading property junior.  The current editions describe him as having “impressive intellect and excellent intuition”, of being “tactically astute”, and remaining “focused on the commercial objectives”.

The areas in which James has acted or advised include:

  • Claims to adverse possession (both registered and unregistered land, and leasehold encroachment)
  • Boundary disputes
  • Contracts for the sale and/or development of land (including issues as to the validity of and consequence of termination of contracts, including the forfeiture of deposits)
  • Dilapidations
  • Easements
  • Forfeiture (including applications for relief)
  • Interpretation of leases (including for example break clauses, service charges, and user covenants)
  • Joint venture disputes
  • Land registration
  • Mines and minerals
  • Mortgages and mortgagee’s remedies
  • 1954 Act renewals (both opposed and non-opposed)
  • NDAs concerning development opportunities
  • Nuisance (including ‘measured duty of care’ cases, and cases for interference of easements)
  • Options
  • Property insolvency (including disclaimer, escheat, and CVAs)
  • Rent reviews
  • Restrictive covenants (enforceability, interpretation, and applications to discharge and modify, including leasehold covenants)
  • Rights to light
  • Statutory undertaker’s rights over land

His significant recent or reported cases include:

  • Acting unled in a 3-day High Court trial and then in the successful appeal to the Court of Appeal in a case about the proper approach to title of a sewer and recovery of allegedly overpaid sewerage charges (Brendon International v Water Plus [2024] EWCA Civ 220).
  • Acting in an eight-figure dilapidations claim listed for trial over 20 days in 2025.
  • Acting in the ongoing Manchester Ship Canal litigation concerning the actionability of sewerage discharges into private watercourses: the case has been to the Supreme Court twice, with James acting on both occasions.
  • Acting in a dispute regarding whether a substantial warehouse trespassed on mines and minerals.
  • Acting unled in a High Court trial listed for 10 days (which settled on the first day) about title to sewers and alleged overcharging.
  • Acting for the developers of a very valuable prime London residential development defending a claim that the development will infringe rights to light and breach various covenants.
  • Successfully obtaining the modification of a restrictive covenant to permit a new development (Dickinson v Adams [2022] UKUT 127).
  • Acting unled in a 5-day trial and subsequent appeal regarding whether a proposed extension breached a ‘nuisance and annoyance’ covenant (Di Silvio v Sharp [2022] EWHC 903 (Ch)).
  • Acting unled in a 3-day High Court trial (against a silk) successfully obtaining declarations as to the construction of an option, and defending a claim for rectification (Retirement Villages Developments Ltd v Punch Partnerships (PTL) Ltd [2022] EWHC 65 (Ch)).
  • Acting in very substantial litigation regarding the ‘off plan’ contract for the sale of the penthouse at the 1 Grosvenor Square development, concerning among other matters whether the deposits charged on off plan purchases are penal, whether relief from forfeiture is available, and the Court’s jurisdiction to relieve a purchaser from the forfeiture of their equitable interest under a contract for sale (on the last point see Lodha Developments 1GSQ Ltd v 1 GSQ 1 Ltd & Anor [2020] EWHC 2356 (Ch)).
  • Acting in a dispute over the validity of the termination of a contract to purchase a development site, and whether that termination amounted itself to a repudiation.
  • Acting unled in a 5-day trial regarding alleged excessive user of easements, acquisition and extent of prescriptive rights, and boundaries.
  • Acting for the appellant in the Alexander Devine appeal in the Supreme Court, regarding the ‘public interest’ test for modification of covenants and the approach to the discretion to modify where development has already taken place in breach of a covenant.
  • Acting unled for a project manager and architect recovering fees from a developer (TC Development (South East) Ltd v Investin Quay House Ltd [2019] EWHC 3727 (TCC)).
  • Acting unled in a 3-day High Court trial for a director of a company successfully resisting a claim by a bank for possession of the company’s development site.
  • Acting unled for the owners of a potential development site in a case establishing that a concession that a party has standing to object to a s.84(1) application for modification does not preclude a subsequent claim that they do not have the benefit of the covenant (Doberman v Watson [2017] EWHC 1708 (Ch) [2017] 4 WLR 103).

Download Property CV

  • Quote symbolA barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.

    The Legal 500 2024

  • Quote symbolJames is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.

    Chambers & Partners 2024

  • Quote symbolA real team player, extremely bright with excellent drafting skills.

    The Legal 500 2024

  • Quote symbolJames provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.

    Chambers & Partners 2024

  • Quote symbolJames is very intelligent and explains his thinking in a client-friendly way.

    Chambers & Partners 2024

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    Recent Cases

    Court of Appeal judgment handed down in Water Plus Limited and another v Brendon International Limited

    Property

    James McCreath
    Friday 8 March 2024

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    Events / Webinars

    Wilberforce Birmingham Property Seminar 2024

    Thursday 7th March 2024 | 3pm - 5.55pm, followed by drinks
    The Grand Hotel, Birmingham

    Free to attend | 2.0 CPD

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    News

    James McCreath features in The Lawyer’s Top 10 Appeals of 2023

    Following on from last month’s Top 20 cases of 2023 article, The Lawyer has published it’s Top 10 Appeals of 2023. The Supreme Court case of The Manchester Ship Canal Company v United Utilities Water features on the list and James McCreath is acting for the... Read more

    Monday 6 February 2023

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    External Conferences

    Property Litigation Association Autumn Training Day 2022

    Tuesday 29th November 2022
    The Royal Society of Medicine, London

    Speakers:
    Martin Hutchings KC | James McCreath

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Professional liability

James has considerable experience of disputes involving areas of professional liability in the context of property, estates, and pensions, where he has acted for both defendants and claimants. His recent cases include:

  • Acting (as junior to Joanna Smith QC) in the defence of a liquidator accused of having sold millions of pounds worth of assets belonging to third-parties (Euromex Ventures Ltd v BNP Paribas & Others [2013] EWHC 3007 (Ch)). The defence was wholly successful, and the claimants were ordered to pay indemnity costs.
  • Acting (as junior to Michael Furness KC) for the defendants in a substantial professional negligence claim relating to an alleged failure validly to effect equalisation in four pension schemes.
  • Acting for the claimant in multimillion-pound proceedings brought against the solicitors and investment advisers to a pension scheme for advice given regarding the scheme’s investment strategy.
  • Acting (as junior to Joanna Smith QC) for the Claimant in a multimillion-pound claim against solicitors for allegedly negligent drafting and advice in relation to the overage provisions in an agreement for the purchase of a substantial London office building.
  • Acting as sole counsel in a wide range of matters, including in matters relating to solicitors (for negligence in among other things conveyancing, inheritance matters, and the conduct of litigation), barristers, financial advisors, surveyors and managing agents, and architects.

Download Professional liability CV

  • Quote symbolA barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.

    The Legal 500 2024

  • Quote symbolJames is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.

    Chambers & Partners 2024

  • Quote symbolA real team player, extremely bright with excellent drafting skills.

    The Legal 500 2024

  • Quote symbolJames provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.

    Chambers & Partners 2024

  • Quote symbolJames is very intelligent and explains his thinking in a client-friendly way.

    Chambers & Partners 2024

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    Events / Webinars

    Professional Liability Conference 2019

    Thursday 31 January 2019 | 8.30am - 1.00pm followed by lunch
    One Moorgate Place, Chartered Accountants Hall, London EC2R 6EA

    £75 + VAT | 3.0 CPD

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Trusts, probate and estates: contentious

James practices across a range of contentious trust and estate matters. He is involved in matters relating both to onshore and offshore structures, and  recent cases include:

  • Instructed in a large Hong Kong Trusts & Probate dispute with Brian Green KC – ongoing.
  • Acting in a number of applications to remove trustees and executors (including as junior to Brian Green KC in a matter relating to a substantial BVI trust).
  • Acting and advising on allegedly ‘sham’ trusts in divorce proceedings.
  • Acting and advising in cases relating to dispositions of trust property (including challenges to those dispositions).
  • Acting in various proceedings against trustees for breach of trust.
  • Acting in various proceedings against solicitors for allegedly negligent advice relating to estate and inheritance tax matters.

Download Trusts, probate and estates: contentious CV

  • Quote symbolA barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.

    The Legal 500 2024

  • Quote symbolJames is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.

    Chambers & Partners 2024

  • Quote symbolA real team player, extremely bright with excellent drafting skills.

    The Legal 500 2024

  • Quote symbolJames provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.

    Chambers & Partners 2024

  • Quote symbolJames is very intelligent and explains his thinking in a client-friendly way.

    Chambers & Partners 2024

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    Events / Webinars

    Wilberforce Trusts Litigation Day 2023

    Monday 23 January 2023 | 9am - 5.45pm followed by drinks and dinner
    InterContinental Hotel (and online via Zoom), InterContinental Hotel, One Hamilton Place, Park Lane, Mayfair, London W1J 7QY

    £360 + VAT/£299 + VAT | 6.0 CPD

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    Events / Webinars

    Annual Trust Litigation Day 2019

    Monday 21 January 2019 | 8.45am - 5.40pm followed by drinks and dinner
    InterContinental London Park Lane, One Hamilton Place, Park Lane, Mayfair, London W1J 7QY

    £299/£360 + VAT | 5.5 CPD

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    Events / Webinars

    Annual Trust Litigation Day 2016

    Monday 1 February 2016 | 9am - 5pm Followed by drinks reception (and dinner)
    The Dorchester, Park LaneLondon

    from £299 + VAT | 5.5 CPD

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    Events / Webinars

    Wilberforce BVI Conference

    Thursday 24 September 2015 | 6.15pm onwards (registration & drinks from 5.30pm)
    Peter Island Resort, British Virgin Islands

    1.5 CPD

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James's Details

BSB/VAT information

Registered name: Mr James William McCreath
VAT number: 998360657

Privacy Notice pdf

Qualifications and Appointments

  • BA (First Class), DipLaw (City) (Distinction)
  • Major Scholar (Inner Temple), Scholar (Balliol College, Oxford)

Memberships

  • Chancery Bar Association
  • Commercial Bar Association

Publications

  • Co-editor (with Andrew Mold) of the negligence section of Cordery on Legal Services
  • Contributor to Atkins’ Court Forms (Restrictive Covenants)

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