James Culverwell

James is an experienced advocate specialising in commercial litigation and property law with particular expertise in construction disputes as well as insolvency and companies work. James appears in the High Court and County Court at first instance and on appeal. James normally appears as sole counsel but has also been led in a number of matters.

James has comprehensive oral advocacy skills having started his career with a common law practice covering Civil, Crime and Family. He is also accomplished at drafting concise and thorough pleadings and has been praised for his advisory work. Commended for his personable style putting clients at ease and engaging tribunals, James brings a practical and common-sense approach to his work.

“All of your work has been extremely impressive; your advice has been just what we’ve been looking for on each occasion and the [documents] you have produced have been bang on our own style. It’s a pleasure working with you.” – Solicitor, E Ltd v T Ltd (2023)

“I’ve been very impressed with all of your advice, as have a number of Partners and Solicitors within our Dept. I am an advocate of giving praise when it’s due and my experiences with you have certainly led me to the conclusion it’s due.”- Solicitor, CE Ltd v MED Ltd & Q Ltd v H Ltd.

“I am delighted with the services provided by chambers and particularly that of James; there is no question that he went above and beyond. His diligence, efficiency and clear ability to sort wheat from chaff was invaluable and to top it all a thoroughly nice chap.” – H Ltd v TBDS, lay client

“Another very thorough and well-thought out advice. Thank you.” – Solicitor, F v E Council

Qualifications

Bar Professional Training Course – Very Competent
LLB (Hons) – First Class

Memberships

Honourable Society of the Inner Temple
Society of Construction Law
Technology & Construction Bar Association (TECBAR)
Property Bar Association
Chancery Bar Association
R3

Interests

James is a keen skier and a follower of the Hampshire and England cricket teams, as well as Harlequins and England rugby teams. He is also an enthusiastic cook and enjoys good food and drink.

Property

James acts for landlords and tenants in residential and commercial possession and forfeiture claims including trespass, as well as claims for recovery of service charges and rent, enforcement of leasehold covenants and deposit protection disputes. James also advises and represents clients in other property matters including leasehold renewal, extension and enfranchisement, disrepair and dilapidations, mortgage repossessions, boundary disputes and TOLATA claims.

Recent Cases

O Ltd v S Ltd (2024) – advising a lessee of a large residential block in respect of its rights under the lease in the face of alleged breaches of covenant including a careful analysis of clauses against assignment, sub-letting or parting with occupation.
C v O (2024) – acting for property owners throughout a long-running boundary claim obtaining a final injunction, declaration and costs.
B v C (2023) – successfully representing a landlord at trial in a claim for possession and rent arrears and defending a counterclaim for disrepair, harassment and deposit protection penalties.
EU Ltd v AS Ltd (2023) – advising and representing a commercial lessee to obtain an injunction following unlawful forfeiture and/or Commercial Rent Arrears Recovery and in subsequent proceedings for rent arrears and damages for disrepair.
I Ltd v K Corp (2023) – advising a head lessor in respect of questions of ownership, bona vacantia and recovery of service charge and ground rent arrears in relation to a corporate lessor formerly registered in the Caribbean which appeared to have been dissolved.
MI Ltd v R (2023) – representing a corporate landlord in possession proceedings relating to a central London property including successfully defeating an application for security for costs.
SH v T (2023) – acting for a housing association in an application for urgent anti-social behaviour injunctions.
S v S (2023) – representing a co-owner in a Part 8 TOLATA claim from the early stages of proceedings to reach a settlement at the final hearing.
London Borough v Persons Unknown (2023) – representing a local authority in an urgent possession claim in the high value following the trespass and fly-tipping on a prospective high-value development site.
3PI SRL v G & A (2022) – representing the creditor under an Italian judgment in a claim to enforce a charging order over a high value property in long-running proceedings ultimately leading to an agreed order at the final hearing.
C Ltd v Persons Unknown (2022) – acting for a lessee of railway arches on an urgent possession order against trespassers.
CP Ltd & Anor v M (2022) – advising a group of property development companies in relation to a joint venture agreement and issues of registration of restrictions and notices.
EH v B (2022) – representing the defendant in a preliminary issues hearing during a claim purportedly bought by a charity to enforce an agreement for sale involving complex questions relating to the removal and appointment of trustees.
R v S Ltd (2022) – represented the clients of a firm of solicitors in a claim for breach of contract and professional negligence arising from a commercial lease involving interpretation of lease terms and solicitors’ duty of care.
O v R (2021) – successfully defeated an appeal against a possession order in a case involving detailed considerations of procedure as well key principles of decisions on appeal.
P v B (2021) – succeeded at the trial of a Part 8 TOLATA claim in securing a very favourable distribution of jointly owned property and beating a Part 36 offer.
M v LB (2021) – acting for a London Borough at the trial of a disrepair claim and successfully obtaining summary judgment on the basis interpretation of the lease, section 11 of the Landlord and Tenant Act 1985 and limitation.
V v N (2021) – advised a leaseholder and drafted papers for a renewal of a lease in circumstances where the landlord had died intestate and there was no grant of letters of administration. The renewal was granted at the hearing, including an order for execution of the lease by a Judge as the appointed personal representative would not engage.
R v S (2021) – obtained a strike out at trial of a claim for damages by a tenant for refund on rental payments arising from alleged disturbance to his occupation.
E v C (2021) – represented the Claimant in a TOLATA claim for distribution of proceeds of sale and declaration as to interests in further property leading to settlement.
O v L (2021) – advising and drafting defence and application in a vexatious claim for an interest in property.
BP Ltd v S (2021) – attending an application and advising the client on the merits of a service charge claim leading to settlement.