Professional Experience

James advises principally on charities, private and public trusts, and occupational pension issues. His work as one of the Judges of the Courts of Appeal in Jersey and Guernsey centres on the fields of major commercial litigation, property law and both local and international trust governance. He is also an accredited mediator and is the general editor of the new Practical Guide to Charity Law in Scotland (2016).

  • Case History

    Bett Homes Ltd v Bett Ltd Superannuation and Life Assurance Scheme's Trustees [2016] CSIH 26 

    Scottish Lion Insurance[2011] CSIH 18
    Company and Insolvency Law. Rights of dissenting policyholders to have access to voting information in respect of Court meetings for winding up of a solvent Insurance Company 

    Lithgows Pension Scheme[2011] CSIH 6
    Right of trustees of an occupational pension scheme regarding publication if information as part of Pension Protection Funds Levy system 

    G Hamilton[2011] CSIH 1
    Statutory interpretation issues regarding review of old mining permissions 

    City Inn[2011] CSIH 68
    Construction of building contract and issues of alleged waiver 

    Legal Services Centre v Miller Samuel[2009] CSOH 141
    Professional negligence issues, including whether solicitor instructed to produce a clause in a lease to achieve a particular result or whether role to put into legal format what he had understood to have been agreed between principals. 

    Inveresk v Tullis Russell2009 SC 663
    Commercial contract issues, including whether rights of retention could be invoked even although the respective obligations were contained in two separately executed agreements.

    Duncan v American Express2009 SLT 112
    Banking and finance issues, including whether the pursuer, by his settlement with his bank had precluded himself from pursuing claims against the defenders for recovery in respect of the same fraudulent transactions.

    CSC Braehead v Laing O'Rourke2009 SLT 454

    Macdonald Trustees2009 SC 6

    Royal Insurance v Amec2008 SLT 825

    Arrow Generics Limited Petitioners2008 SC 518

    Chisholm, Petitioner2006 SLT 394

  • Courts & Tribunals

    House of Lords; Inner and Outer House of the Court of Session; Lands Tribunal for Scotland; European Court of Human Rights (1983 - 5).

  • Appointments & Memberships

    Chair of the Disciplinary Appointments Committee of the Institute and Faculty of Actuaries
    Advocate member of the Judicial Appointments Board for Scotland
    Judge of the Courts of Appeal of Jersey and Guernsey
    Member of the Scottish Law Commission Working Party on the Law of Trusts
    Member of the Society of Trust and Estate Practitioners

Professional Career to date

Devil Masters: The Right Hon.The Lord Hope of Craighead KT, PC, LLD, The Hon. Lord McGhie.

2007: Certified as Mediator with Core Solutions
2006: Judge of Courts of Appeal of Jersey and Guernsey
1991: Silk
1984 - 1988: Standing Junior Counsel to Department of Transport in Scotland
1988 - 1991: Standing Junior Counsel to Inland Revenue in Scotland
1978: Advocate

Education & Professional Qualifications

Advocate (1978) 
LLB, University of Edinburgh (1975) 
BA (Hons), Cambridge University (1973)
Dunoon Grammar School