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James Murray

James Murray

Partner

James deals with a wide range of property disputes involving:

  • Defective building works and construction disputes involving homeowners, builders, contract administrators, architects and surveyors
  • Negligence claims
  • JCT contract disputes involving interim accounts, stage payments and final accounts
  • Terminal dilapidations in commercial leases
  • Contested commercial lease renewals
  • Forfieture of commercial leases to recover rent and other payments
  • Enforcing property rights such as easements, rights of way and access
  • Nuisance and trespass claims
  • Boundary disputes
  • Enforcing terms and obtaining possession in long residential leases using section 146 notices
  • Residential tenant evictions using section 8 and section 21 notices.
  • Housing disrepair claims
  • Disputes regarding ownership of property in unmarried separating couples
  • Applications to Court under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA)
  • Separation Agreements for separating couples

In addition, James advises on a wide range of commercial, contract and employment matters such as:

  • Outgoing employees receiving severance packages and being asked to sign settlement agreements.
  • Business protection cases where employees take confidential information and databases
  • Debt recovery
  • Technical contract disputes

 

"James dealt with matters very efficiently and empathetically and always answered telephone calls and queries the same day - excellent communication from him."

Reported cases

Construction and Engineering

Melhuish & Saunders Ltd v Hurden and another [2012] EWHC 3119 (TCC).  

James recovered significant damages in the Technology and Construction Cout for  homeowners as a result of their builders’ defective workmanship. The case dealt with a number of technical issues, including the appropriate remedial scheme, the home owners’ alleged failure to mitigate loss, whether a claim should be made under a NHBC policy and recovery of damages for distress and inconvenience. You can read the full judgment here.

Property

Harris, Re (Puisne mortgage) [2021] EWHC 1771 (Ch)

James assisted Wards clients who could not sell the unregistered home of their elderly mother because there was an unknown Land Charge registered against the previous owner from 1985. The Land Registry had lost the Land Charge document so we could not contact the beneficiary to have it discharged. Our client’s mother had dementia so could not shed any light on the beneficiary. None of the family had any knowledge of it and the Land Registry required us to go to Court to have it removed. The High Court held that they would not be able to give permission to issue these Part 8 proceedings against no Defendant. The Part 7 procedure had to be used but there was no mechanism for naming no Defendant. These cases were usually highly contested. Without evidence that the Land Charge was incorrect the Court would not likely discharge it and no evidence existed anywhere. In addition, if a party was not named in proceedings they could not be bound by the result. Finally, progressing would the case would deprive the beneficiary of “possessions” within the meaning of Article 1 of Protocol 1 of the European Convention on Human Rights. This was a very unusual situation and highly complex dispute which the judge described as a “novelty”. Following the Court hearing James settled the matter with the Land Registry and achieved an excellent result for the clients. You can read the full judgment here:

 

Qualifications and Experience

  • Law degree 2007
  • Qualified as a Solicitor in 2011
  • Member of The Technology and Construction Solicitors Association (TeCSA) since 2017
  • Has specialised in Civil Litigation and Construction Disputes since 2011

Supervised by Elizabeth Fry

Outside of work James is a passionate volunteer for community rugby. James sits on the disciplinary panel of the Gloucester Rugby Football Union (GRFU) sanctioning players and others who breach the RFU disciplinary rules. Having hung up his boots, James acts as legal advisor to his local rugby club, Thornbury RFC, and is their representative at Bristol Combination meetings. James is also passionate about music, film, TV and other sport (particularly cycling).