Events / Webinars
Wilberforce Nugee Memorial Pensions Conference & Dinner 2024
Wednesday 19th June 2024 | 12.15pm - 5.40pm, followed by drinks and dinner by Nobu
Nobu Shoreditch, London
£140 - £190 + VAT | 3.5 CPD
View moreJames 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.
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:
A barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.
James is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.
A real team player, extremely bright with excellent drafting skills.
James provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.
James is very intelligent and explains his thinking in a client-friendly way.
Events / Webinars
Wednesday 19th June 2024 | 12.15pm - 5.40pm, followed by drinks and dinner by Nobu
Nobu Shoreditch, London
£140 - £190 + VAT | 3.5 CPD
View moreArticles
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
Articles
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
Publications
Robert Ham KC | Michael Furness KC | Jonathan Davey KC | David Pollard | Thomas Robinson | James McCreath | Jonathan Chew | Simon Atkinson | Francesca Mitchell
June 2020
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:
A barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.
James is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.
A real team player, extremely bright with excellent drafting skills.
James provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.
James is very intelligent and explains his thinking in a client-friendly way.
Events / Webinars
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
View moreEvents / Webinars
Wednesday 6 June 2018 | 16.00 - 18.30 followed by drinks
The Cube, 196 Wharfside St, Birmingham B1 1RN
£40 + VAT | 2.0 CPD
View moreEvents / Webinars
Thursday 5 November 2015 | 6.30pm – 7.30pm (Registration from 6.00pm)
The Law Society, 113 Chancery Lane, London WC2A 1PL
1.0 CPD
View moreEvents / Webinars
Tuesday 22 September 2015 | 4.15pm onwards (registration 3.45pm)
The Ritz Carlton, Cayman, Seven Mile Beach
1.5 CPD
View moreProperty
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:
His significant recent or reported cases include:
A barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.
James is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.
A real team player, extremely bright with excellent drafting skills.
James provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.
James is very intelligent and explains his thinking in a client-friendly way.
Recent Cases
Property
James McCreath
Friday 8 March 2024
Events / Webinars
Thursday 7th March 2024 | 3pm - 5.55pm, followed by drinks
The Grand Hotel, Birmingham
Free to attend | 2.0 CPD
View moreNews
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
View moreExternal Conferences
Tuesday 29th November 2022
The Royal Society of Medicine, London
Speakers:
Martin Hutchings KC | James McCreath
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:
A barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.
James is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.
A real team player, extremely bright with excellent drafting skills.
James provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.
James is very intelligent and explains his thinking in a client-friendly way.
Events / Webinars
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
View moreTrusts, 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:
A barrister with an impressive intellect and excellent intuition, James is tactically astute and hard-working.
James is one of the brightest juniors I have had the pleasure of working with and he remains focused on the commercial objectives.
A real team player, extremely bright with excellent drafting skills.
James provided sound, clear and concise advice and was mindful of the commercial realities within which our client operates.
James is very intelligent and explains his thinking in a client-friendly way.
Events / Webinars
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
View moreEvents / Webinars
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
View moreEvents / Webinars
Monday 1 February 2016 | 9am - 5pm Followed by drinks reception (and dinner)
The Dorchester, Park LaneLondon
from £299 + VAT | 5.5 CPD
View moreEvents / Webinars
Thursday 24 September 2015 | 6.15pm onwards (registration & drinks from 5.30pm)
Peter Island Resort, British Virgin Islands
1.5 CPD
View moreRegistered name: Mr James William McCreath
VAT number: 998360657