James Quirke

Barrister – Door Tenant

Called 1974

B.A (Oxon)

MA (Oxon)

Member of Chancery Bar Association, PNBA, ACTAPS, MCCBA

Qualified Mediator

 

Backgorund

James completed pupillage under the guidance of Charles Carey in the Chambers of Frank King QC in 1975.

Civil


  • Professional¬†Negligence
  • Inheritance
  • Probate
  • Charities
  • Trusts
  • Insolvency
  • Property
  • Contract

James is an exceptionally experienced Civil Law practitioner with a wide ranging practice. He has acted in a number of high profile, reported cases in the areas of Professional Negligence, Inheritance, Probate, Charities, Trusts, Insolvency, Property and Contract Law.

His expertise covers advising and representing clients in Professional Negligence matters which include Solicitor’s, Accountant’s and Medical negligence claims. In one particular case, he appeared in the House of Lords addressing their Lordships on the treatment of prospective beneficiaries under European, American and Commonwealth Jurisdictions.

James’ Inheritance, Probate, Charities, Trusts, Insolvency, Property and Contract Law practices are varied and he is able to advise and represent clients on all manner of issues. Over the years he has acted in cases relating to enforcement of costs, beneficial ownership, shared ownership, share transfers, misrepresentation, fraudulent sales, charitable trusts, validity of Wills and insurance claims among others.

Notable Cases

Professional Negligence

  • White v Jones [1995] 2 AC 127

Inheritance, Probate, Charities, Trusts, Insolvency, Property, Contract

  • Chandra v Mayor [2016] EWHC 2636 (Ch); [2017] 1 W.L.R. 729 – Birmingham Chancery (Charities, Representative Defendants, Enforcement, Costs).
  • Singh v Singh [2016] EWHC 1432 (Ch); [2016] 6 WLUK 418 – Birmingham Chancery (Audio recordings, Beneficial ownership, Judicial decision-making, Share ownership, Share transfers, Sufficiency of evidence).
  • Wemyss v Karim [2016 EWCA 27; [2016] 1 WLUK 539 – Court of Appeal (Misrepresentation/breach of warranty in sale of solicitor’s business).
  • Pooni v Nazran [2015] EWHC 1899 (QB); [2015] 7 WLUK 262 – High Court, Royal Courts of Justice (Fraudulent sale of apartments in Dubai, Guarantees, Interpretation).
  • CLP Holdings v Singh [2014] EWCA 1103; [2014] 3 E.G.L.R. 101 – Court of Appeal (Contracts for sale of land; Contract terms, Interpretation, VAT).
  • Khaira v Shergill [2014] UKSC 33; [2015] A.C. 359 – Supreme Court (Charitable Trusts, Deeds, Jurisdiction, Justiciability, Religious groups, Sikhism, Trust property, Validity, Variation).
  • Papanicola v Sandhu [2011] EWHC 1431 (QB); [2011] 2 B.C.L.C. 811 – High Court, Royal Courts of Justice (Abuse of process, Collateral contracts, Costs, Entire agreement clauses, Res Judicata, Sureties, Unjust enrichment).
  • Perrins v Holland [2010] EWCA Civ 840; [2011] Ch. 270; [2011] 2 W.L.R. 1086 – Court of Appeal (Validity of Wills, Knowledge and Approval, the Rule in Parker v Felgate).
  • Harris v Williams-Wynne [2015] EWHC 151 (Ch) – (acquiescence, proprietary estoppel and breach of building covenant).
  • Hyett v Stanley [2004] 1 FLR – (Trusts of the proceeds of insurance policies and constructive trust).
  • Pearce v Lloyds TSB Bank plc [2001] EWCA Civ 1907 – Court of Appeal (Banking and Restitution).
  • Trustee of the Property of F C Jones and Son v A B Jones [1996] 3 W.L.R. 703 – Court of Appeal (Tracing by Trustee in Bankruptcy).
  • Euro-Commercial Leasing v Cartwright and Lewis [1995] B.C.L.C – (Solicitors and Enforcement after Insolvency).

Regulatory


  • Judicial Review
  • Police Law
  • Inquests
  • Licensing

James’ Regulatory Law practice encompasses a wide variety of areas including Police Law, Inquests and Licensing. In which he has acted in a number of high profile and reported cases.

Notable Cases

  • R (on the application of Regan) v Chief Constable of the West Midlands [2010] EWHC 2297 (Admin); [2010 5 WLUK 783 – (Fairness, Home detention curfew, Information, Judicial Review, Justiciability, Police powers and duties, Prisoners’ rights, Right to life, Threatening to kill).
  • R (on the application of Mohammed v Chief Constable of the West Midlands [2010] EWHC 1228 (Admin); [2010] 5 WLUK 758 – (Cautions, Damages, Right to respect for private and family life).
  • R (on the application of Butler) v HM Coroner for the Black Country District [2010] EWHC 43 (Admin); [2010] Inquest L.R. 50 – (Challenging pre-inquest coronial decisions on grounds of bias etc).
  • R (on the application of Bassetlaw DC) v Worksop Magistrates’ Court [2008] EWHC 3530 (Admin); [2008] 11 WLUK 192.
  • The Queen (on the application of Marshall) v Coroner for Coventry (2001) EWHC Admin 804 – (“Neglect” as an inquest verdict.)
  • Chief Constable of West Midlands Police v Marsden (1995) 159 JP 405.
  • R v Stafford Crown Court ex-parte Shipley [1998] 1 W.L.R. 1438.
  • R v Stafford Crown Court ex-parte Chief Constable of Staffordshire [1991] 1 W.L.R 398.
  • The Queen on the application of Chief Constable of West Midlands v Birmingham Justices [2001] EWHC Admin 1113.
  • R (in the application of Gaffey and others) v Birmingham Licensing Justices [2001) EWHC Admin 111.