James Browne

James is a highly experienced property advocate who combines intellectual rigour with a practical, commercially minded approach. He is regarded by clients as approachable and efficient, always aiming to put the client’s needs first. James completed his 3-year term as Head of Property in April 2021.

James has particular expertise in commercial and residential landlord and tenant law and is a leading authority on tenancy deposit protection scheme disputes.

He sits as a Recorder and as a Deputy District Judge.

James is married with two children. When time permits, he enjoys wine, cricket, bridge and music. He was an elected member of Elmbridge Borough Council for 14 years until he stood down in May 2022, serving in various roles including Leader of the Council, Leader of the Opposition, Cabinet Member for Planning and six years as Cabinet member for Housing.

Further information

Other publications

Francis v Phillips [2014] EWCA Civ 1395

Qualifications and appointments

BA (1st class) Birmingham University (Ritchie Prize) (1990)
British Academy Scholarship, Oxford University (1990)
MSt Brasenose College, Oxford (1991)
Middle Temple Queen Mother’s Scholar (1992)
Middle Temple Harmsworth Entrance Exhibitioner (1992)
Legal Services Commission Funding Review Panel

Languages

French (fluent), German (working knowledge)

Memberships

Property Bar Association
Editorial Board, RICS Isurv

Interests

Wine, politics, history, music, bridge, cricket and football.

Real Property

James has wide experience in the field of real property: he advises in relation to trusts of land (especially trusts for sale and disputes following break-up of unmarried couples), easements, options, adverse possession and boundary disputes.

James also handles professional negligence disputes concerning property professionals such as lettings agents, surveyors and valuers.

Recent Cases:

James has been instructed in a number of high-value co-ownership cases regarding London properties. These arise out of relationship breakdown, attempts within minority communities to help other community members, and the operation of foreign-based property owning trusts.

Reported cases

Greenwood Reversions v World Environment Foundation & Mehra [2008] EWCA Civ 47, [2008] HLR 31, [2009] L&TR 2

Court of Appeal: waiver of forfeiture where landlord makes an unequivocal demand for rent, what amount to an unequivocal demand, availability of relief.

Mehra v Mehra & Aras [2008] 3 EGLR 153 Central London CC (Chancery List) HHJ Hazel Marshall QC

Overriding interests: whether occupier’s assertion of actual occupation sufficient to establishing an overriding interest under para 2 of schedule 3 to the Land Registration Act 2002; whether allegation of fraud capable of rendering subsequent sale void.