Home Barristers James Hanham

Skip to content. | Skip to navigation

 

James Hanham

Call 1996

jhanham@maitlandchambers.com

James’s principal area of practice is real estate related litigation and advice concerning all aspects of commercial/residential landlord and tenant and real property matters. His expertise in this area includes development contracts, easements, overage, restrictive covenants, business tenancy termination and renewal, conveyancing and mortgages. Often this work will have an international element, having most recently advised one of the world’s largest investment banks in relation to its premises in Hong Kong.

He is also regularly instructed in relation to professional liability cases in the real estate sphere, including matters relating to solicitors’, surveyors’, valuers’ and architects’ negligence.

A substantial part of James’ practice is in the areas of commercial/chancery. This work will often have a real estate focus concerning company and/or insolvency law (both personal and corporate), joint ventures, the law of partnership and LLPs, unincorporated associations, insurance and finance - expertise that has proved valuable during the financial downturn.

His clients range from individuals through to large global commercial corporations, property development and construction companies, banks and other organisations within the financial services industry.

In the last year, James has appeared in the Court of Appeal, the High Court, the County Courts, the Upper Tribunal (Lands Chamber) and the First-Tier Tribunal (service charges and leasehold enfranchisement). He undertakes all types of hearings and is equally as comfortable before the Applications Court as he is conducting a lengthy High Court trial. He is also instructed on arbitrations, under the Arbitration Act 1996, ICC or LCIA Rules. Frequently, James will be instructed in the mediation process.

He read history at Oxford before taking a first class law degree at City University, London. He was a Harmsworth scholar of the Middle Temple and began practice in the Temple before moving to 9 Stone Buildings in 1999, from where he joined Maitland in 2008.

Recommended as a Leading Junior for Property Litigation in Legal 500 (2015).

Reported cases

  • Shlaimoun v Mining Technologies International Inc [2012] 1 WLR 1276 (foreign proceedings, disclosure)
  • Eaton Mansions (Westminster) Limited v Stinger Compania de Inversion SA [2011] L&TR 24 (CA) (trespass and landlord's consents)
  • Aribisala v St James' Homes (Grosvenor Dock) Ltd (No 2) [2008] 3 All ER 762 (resisting recovery of purchaser's deposit)
  • Aribisala v St James' Homes (Grosvenor Dock) Ltd (No 1) [2007] 37 EG 234 (CS) (lawfulness of exclusion of section 49(2) Law of Property Act 1925)
  • Abbey National Plc v Miller [2007] LTL 8 Feb 2007, CA (bank resisting borrower's appeal on grounds of abuse of process)
  • St James Group Limited v Powell [2006] All ER (D) 261, ChD (developer's claim for damages on contract for sale of land)
  • Representative Body of Church in Wales v Newton & ors (2005) 16 EG 145 (landlord's claim for rent and disputed claim to an assignment)
  • Banjo v London Borough of Brent [2005] 1 WLR 2520, CA (tenant's claim to secure tenancy)
  • Gainsborough-Field v Hyde & Ors (construction of grant of right of way) [2005] EWHC 2229 (QB), LTL 16 December 2005
  • Woodbridge v Smith [2004] BPIR 217, ChD (insolvency practitioner's remuneration)
  • Intervision v St Shine Optical Limited (commercial/sale of goods) LTL 2/12/2004.

Representative recent judgments

  • Re No 42 Berkeley Square (2013) (s.34 rent)
  • S&K Group Limited v Grant Thornton & Ors (2013) (receivership, debentures)
  • Fitzroy Robinson v Equity Trusts (Jersey) Limited (2013) (guarantees, trustees)
  • Hive Energy Limited v EEW Energy World Limited (2013) (solar energy, joint ventures, freezing order)
  • Re Mission Hall, Gifford St, London N1 (2013) (mortgages, land registration)
  • 31/32 Ennismore Gardens (2013) (residential landlord and tenant, consents)
  • Africa Edge SARL v Madhvani (2011) (judgments, CPR Part 71 examination)
  • St James Group Limited v Holt (2011) (contracts of sale, assessment of damages)

Articles/publications

"How good is your expert evidence" (2007- Property Litigation Association)
"Uncertainties for Tenants" (2005) 152 PLJ 9
Case commentary on Representative Body of Wales v Newton (2005) L & T Review Vol 9(4) 108
Contributor to Chancery Litigation Practice (2005 Jordans)

James has recently also presented seminars on real estate topics concerning restrictive covenants and easements, tenant insolvency and pre-pack administration and updates on commercial landlord and tenant

Memberships
Chancery Bar Association
Property Bar Association

Qualifications
MA(Oxon); LLB(London)

Legal 500 2016
Testimonials

Legal 500 UK

Property
"Highly recommended." (2016)

"He offers excellent advice." (2015)

"Really well prepared and a fabulous advocate." (2014)