Russell James

Print CV

Send CV

Email address: This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
Core Practice Area: Housing, Property, Judicial Review, Personal Injury, Civil and Commercial and Local Authority.
Call: 2001
Inn: Lincolns Inn
Education: LLB Hons (First Class)
Memberships: HLPA

Russell is a civil practitioner who specialises in Housing and Homelessness Law, Property Litigation, Judicial Review, Personal Injury, Civil and Commercial and Local Authority work throughout the South West and South of England, including London. Russell has appeared in courts from the Magistrates Court (ASBO’s, Closure Orders) through to the Court of Appeal and regularly appears in the County Court in applications, fast track trials, multi track trials and homelessness appeals. Russell’s approach to litigation is pragmatic and robust, he is approachable and focussed on achieving the best outcome for his client by the most appropriate route of dispute resolution.

Housing and Homelessness
Russell has a real passion for Housing and Homelessness Law and has extensive experience in these disciplines, being recognised by The Legal 500 for his work in this area. Russell represents tenants, homeless applicants, local authorities, social landlords and private landlords and covers the full spectrum of work in this area including possession claims, demotion proceedings, public law defences, anti social behaviour order/injunction cases, closure order cases, disrepair claims, unlawful eviction, homelessness appeals, judicial review claims, right to buy applications, and allocations disputes. Russell is aware of the often urgent and sensitive nature of this type of work and accommodates this to ensure the most efficient and comprehensive service is provided to those he works with.

In addition to the court and paper work that Russell undertakes in this area (some reported cases in respect of which are set out below), Russell regularly provides CPD updates to practitioners who work in Housing Law and maintains a willingness to discuss this rapidly changing area of law with anyone working within it. Russell also regularly produces a newsletter on updates in Housing Law which is provided free of charge to those involved in this work and copies of which are available from this web site.

Property
Russell undertakes all areas of property litigation and land related chancery work, including: Landlord and Tenant (both residential and commercial), leasehold valuation tribunal disputes, adjudications, boundary disputes, actions involving easements, mortgage disputes, TLATA claims, claims relating to restrictive covenants, planning inquiries and enforcement proceedings and Mobile Homes Act claims. Some recent cases of interest that Russell has been involved in, in this area of law include:

• A rare successful claim of frustration of a commercial tenancy.
• A claim for possession of a commercial premise involving issues of insolvency and vesting orders.
• A claim involving breaches of restrictive covenant and subsequent non-compliance with a court order.
• A case involving a waiver of interest form, a mortgage and an assured tenancy.
• Mortgage disputes concerned with fraud, misrepresentation, undue influence and sell to rent back agreements.
• A claim involving breaches of a commercial tenancy, waiver and relief from forfeiture.
• A case opposing the renewal of a commercial lease on redevelopment grounds.
• A number of right of way disputes.
• An adverse possession adjudication which had an unusual burials aspect.

Judicial Review
Russell has experience of being involved in judicial review claims as well as being involved in challenges based on similar public law principles in s204 Housing Act 1996 appeals, public law defences in possession proceedings, and an appeal by way of case stated. Some of the judicial review cases that Russell has been involved in have involved:

• Homelessness claims.
• Gypsy/Travellers.
• s18 and s20 of the Children Act 1989.
• National Assistance Act 1948.
• Decisions to prosecute.
•  Prison law cases.

Personal Injury
Russell represents both Claimants and Defendants in all areas of personal injury work including criminal injuries cases and costs disputes. Russell’s work in this area includes road traffic collisions, incidents at work, tripping/slipping accidents, occupiers liability, landlord and tenant act claims, and defective premises claims.

Russell is happy to work under conditional fee agreements.

Civil and Commercial Litigation
Russell undertakes a broad spectrum of civil and commercial work in addition to the areas set out above. This includes breach of contract claims, negligence claims, nuisance claims, consumer credit cases, insolvency disputes, protection from harassment act claims and costs cases.  

Local Authority
Russell has throughout his career worked both for and against local authority’s and now concentrates on civil disputes involving local authorities. This work includes housing and homelessness claims/appeals, anti social behaviour cases, taxi licensing appeals, licensing disputes, noise abatement notice appeals, planning enforcement,  and claims for injunctions (whether pursuant to s222 Local Government Act or other causes of action).

Russell provides training to local authorities and is conscious of the resource limitations on local authorities in his approach.

Notable or reported cases

North Devon Homes v Batchelor [2008] EWCA Civ 840
Russell successfully opposed an appeal against the refusal to make a possession order in a case involving a vulnerable elderly lady who had been convicted of possession of Class A Drugs with intent to supply. The full judgment is available here.

Heron v Plymouth City Council [2009] EWHC 3562
Appeal by way of case stated against the terms of an ASBO in particular a general prohibition on acting in a way likely to cause harassment, alarm or distress. The full judgment is available here.

Plymouth City Council v Hill (2010) LAG (Jan) 31
Appeal against decision of DJ to order a warrant for eviction to lie on file in an introductory tenancy case

Tor Homes v Gillard (2011) (Unreported) (County Court)
A successful  public law defence in a starter tenancy case based on a catalogue of failures by the social landlord in its decision making process and not following its own policies.

Other Interests

In his spare time Russell enjoys running, spending time with his family and drinking wine.