James Dyche

Head of Dispute Resolution & Litigation

01753486777

jdyche@astonbond.co.uk

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Bio

James heads up the Dispute Resolution & Litigation Department. He previously worked in the City on a complex and varied commercial litigation caseload. He has twice been recognised in Legal 500 for his litigation and dispute resolution work and described as having a “wise head on young shoulders” and “very sound judgement”. James is also an ADR Group qualified mediator. James has a busy practice dealing with a range of disputes for businesses and individuals across all sectors, including:

Commercial litigation – complex contractual disputes (often with an international dimension), shareholder/boardroom/partnership disputes, debt recovery, recovery of goods and injunctions.

Building/construction – adjudications, advising regarding delays, breach of contract, negligence, variations and defects.

Insolvency related matters – pursuing directors for breach of duty, fraud, preference and wrongful trading claims, bringing and defending winding-up and bankruptcy petitions and dealing with the procedural aspects of company voluntary arrangements, prepacks, restructuring and administration.

Tax litigation – direct and indirect tax litigation at all levels of the Tax Tribunal and in the Court of Appeal and Supreme Court.

Contentious probate – Inheritance Act claims and claims related to testamentary intention and capacity.

All aspects of property litigation – breach of tenancy agreements/leases, adverse possession, dilapidations, rent arrears, and urgent injunctions to prevent trespass.

Judicial reviews, Arbitrations and Professional negligence.

Notable cases

Chris Williamson MP v Jennie Formby (on behalf of the Labour Party) [2019] – acting for the Labour Party against Chris Williamson MP, a former MP and shadow minister, applied for declarations upholding a decision of the Disputes Panel of the Labour’s National Executive Committee that he should be readmitted to the Labour Party, and that his suspensions from the Labour Party and the referral of his case to the Labour’s National Constitutional Committee were unlawful;

R (on the application of Derry) (Respondent) v Commissioners for Her Royal Majesty’s Revenue and Customs (Appellant) [2019] – acting for the Respondent in relation to HMRC’s appeal to the Supreme Court regarding the correct deduction of loss relief in a self-assessment tax form; and

R (on the application of Cartref Care Homes) v Commissioners for Her Royal Majesty’s Revenue and Customs [2019] – acting for the Claimants in a judicial review of HMRC’s decision to retrospectively create a “loan charge” which works by adding together all of a tax payer’s outstanding loans and taxing them as income in one year. This case is now being heard in the Court of Appeal.