James Fieldsend

Year of call 1997

Instructing James
For further information or to instruct James please contact one of our following clerks:

Richard Powell
Practice Managers

+44 (0) 20 7421 5300
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Jordan Reeves-Eastwood
Practice Managers

+44 (0) 20 7421 5300
Click to email

  • Barrister of the Year, Leasehold Enfranchisement & Right to Manage (2017)
  • Co-author of Commercial Property Litigation (LexisNexis)
  • Co-contributor to Tanfield Chambers’ Service Charges & Management (Sweet & Maxwell)
  • LLB (Newcastle)
  • Chancery Bar Association
  • Property Bar Association

James Fieldsend is a specialist property practitioner.

James is ranked as a leading junior for real estate / property litigation by both Chambers UK and Legal 500.

He has represented clients in a number of reported cases that are of significance in his field of specialism. These include cases in the Supreme Court, Court of Appeal and the Upper Tribunal (Lands Chamber).

As well as appearing in the courts, James provides advice to a wide range of clients including advising developers on how to structure both the physical aspects and legal ownership of developments so as to prevent the difficulties that are inherent in the ownership and management of mixed-use properties.

Areas of expertise

James’ expertise encompasses a wide range of areas with a particular emphasis on all aspects of commercial and residential landlord and tenant disputes.

James has represented clients at all levels of the court and tribunal service, from the Supreme Court to the First Tier Tribunal (Property Chamber) and the Valuation Tribunal (rating appeals). He has represented clients in arbitration proceedings and in mediation. He has also represented clients under the pilot scheme for hearing court and F-tT proceedings together.

James is experienced in prosecuting and resisting claims for urgent interim relief, including injunctions to restrain unlawful activity, freezing orders, and orders for re-entry following forfeiture by peaceable re-entry.

Notable Cases

  • Sheffield City Council v Oliver [2017] EWCA Civ 225 Interpretation of lease to avoid double recovery and apportionment of service charge expenditure where the lease mechanism by which the tenant's share of that expenditure is determined is void under s.27A(6) Landlord and Tenant Act 1985.
     
  • Salehaby v Eyre Estate Trustees [2017] UKUT 60 (LC) New lease claim under LRHUDA 1993, how to start proceedings in the F-tT for a determination as to disputed terms of acquisition.
     
  • Gibson v Douglas Court of Appeal [2016] EWCA Civ 1266 Joint tortfeasors; Licensees; Lodgers; Notices; Protection from eviction.
     
  • Howard De Walden Estates Ltd v Accordway Ltd [2016] EWCA Civ 1176 Scope of intermediate landlord's right to be separately represented in proceedings arising from a claim for a new lease; Human Rights.
     
  • Portman Estate Nominees (One) Ltd v Starlight Headlease Ltd [2016] UKUT 467 (LC) Valuing the division of the landlords' share of marriage value in a claim for a new lease - represented landlord at first instance, obtained permission to appeal, and prepared written case for appeal (unavailable for appeal hearing when listed).
     
  • Bourne v Blacker & Others, 2016 High Court (Chancery Division) (unreported) Committal proceedings for breach of possession order.
     
  • Alice Ellen Cooper-Dean Charitable Foundation Trustees v Greensleeves Owners Ltd [2015] UKUT 320 (LC) Price payable for superior interest where inferior interest has negative value in a collective enfranchisement; Human Rights.
     
  • Dwelling in London N2, Re Valuation Tribunal [2015] R.V.R. 157 Character of domestic worker accommodation for purposes of council tax rating.
     
  • Albion Residential Ltd v Albion Riverside Residents RTM Co Ltd [2014] UKUT 6 (LC) Qualification of property for purposes of RTM.
     
  • Hatton v Connew [2013] EWCA Civ 1560 & 1681 Appeal against a procedural irregularity regarding the treatment of expert evidence in the trial of a boundary dispute.
     
  • Daejan Investments Ltd v Benson (No.1) [2013] UKSC 14; [2013] 1 W.L.R. 854 Approach to dispensation following non-compliance with statutory consultation in relation to residential service charges.
     
  • Daejan Investments Ltd v Benson (No.2) [2013] UKSC 54 Terms and conditions of dispensation following successful appeal.
     
  • Paddington Basin Developments v Gritz Upper Tribunal [2013] UKUT 338 (LC) Interpretation of service charge provision.
     
  • BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC 2169 (Ch); [2014] 1 W.L.R. 920 Interpretation of statutory consultation requirements for residential service charges.
     
  • John Lyon's Charity v Harvey (2013) Construction of s.3(2) Leasehold Reform Act 1967 - individual who is a tenant of premises under a long tenancy, who remains a tenant under another tenancy at the coming to an end of that first tenancy, is a tenant for the purposes of s.3(2) regardless of whether he remains a sole tenant or is a tenant with others - permission to appeal to Court of Appeal granted but not appeal was not pursued.
     

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