James Quirke

Call 1974

Probate, Wills and Trusts

James read Law at University College, Oxford, and went on to serve pupillage in Lincoln's Inn. He has practised in Birmingham since 1975 where he has gained wide experience of the conduct of litigation, particularly in Chancery matters. James’ excellent reputation has seen him address tribunals at every level, up to and including the House of Lords. His particular interests lie in Trusts, Probate, Inheritance, Property and Administrative Law.

James is an experienced mediator with a high rate of settlement success and a member of PNBA, MCCBA and the Association of Contentious Trust and Probate Specialists (ACTAPS).

Cases of interest include:
  • White v Jones [1995] 2 AC 207 HL - Professional negligence and Wills: Solicitors’ duty of care to Testator and potential beneficiaries.
  • Euro Commercial Leasing Ltd v Cartwright and Lewis [1995] 2 BCLC 618 – Insolvency and solicitors’ lien over client account.
  • Trustee of F C Jones & Sons v Jones [1997] Ch. 159, CA– Tracing and restitution.
  • Hyett v Stanley [2004] 1 FLR 394, CA – Constructive trusts binding deceaseds’ estates.
  • Williams-Wynne v Harris [2006] 2 P & CR 27, CA – Acquiescence, proprietary estoppel and enforcement of building covenants.
  • R (Bassetlaw District Council) v Worksop Magistrates’ Court (2009) 173 JP 599 – Judicial review of District Judge acting in breach of Government Guidelines.
  • Perrins v Holland [2010] EWCA Civ 1398, CA– The rule in Parker v Felgate (testamentary capacity).
  • R (Butler) v Coroner for the Black Country [2010] EWHC 43 (Admin) – Judicial review of pre-inquest decisions.
  • Papanicola v Sandhu [2011] 2 BCLC 811 QB– Warranties collateral to a guarantee.