Owain Rhys James

Year of Call:

2011

"enthusiastic, hard-working and bright"

Chambers UK Bar Guide 2018

Home//Barristers//Owain Rhys James

Areas of Expertise

Vertical Tabs

Overview

Overview

‘He prides himself on achieving the best possible results for clients. ’ Legal 500 2020

"Very quick and intelligent, with a fantastic memory." Chambers and Partners 2019

Owain specialises in commercial and construction; chancery, property and trusts; public law; and employment. He is ranked across all of his core practice areas in the directories. He often acts in cases which involve an overlap between those areas.

He appears at all levels up to and including the Court of Appeal.He has been instructed post-trial in appeals in the County Court and the Employment Appeals Tribunal.

Owain has been instructed to draft statutory guidance (bilingually) and has experience of drafting policies for Local Government. He has also conducted independent reviews. He has experience of sitting in a judicial/disciplinary capacity having been appointed as a World Rugby and Football Association of Wales Judicial Officer; a member of the International Paralympic Committee’s Board of Appeal of Classification; a member of Sports Resolution's Arbitrator and Mediator panel; appointed to the Legal Aid Review Panel; and is appointed as a Deputy District Judge.

Owain has a truly bilingual practice and has acted through the medium of Welsh in the High and County Courts, the Employment Tribunal, and the Welsh Language Tribunal. He recently appeared before the Court of Appeal (for the first time in its hitory) through the medium of Welsh. He is also happy to conduct conferences and advise in Welsh.

A significant proportion of Owain’s work is for public bodies, in-house solicitors or commercial clients directly. He is comfortable working as part of a larger team and is happy to deal with urgent matters by way of telephone conferences or e-mail advice where necessary. The Guides say that “He is always willing to help” and Owain is more than happy to discuss issues informally prior to receiving instructions by e-mail or telephone.

Owain welcomes instructions and bundles sent electronically.

Owain has been appointed to the Government Legal Department’s Panel of Counsel; the Welsh Government’s Panel of Preferred Advocates; and the NPS All Wales Legal Services Panel, providing advice and advocacy to the Welsh Local Authorities.

Having read law at St Catharine’s College, Cambridge, Owain returned to Cardiff to study the Bar course. He previously worked in the Litigation Department at Hugh James Solicitors and brings that experience together with a strong academic background to his practice.

Owain has particular experience of dealing with urgent and without notice injunctions in a commercial, housing and public law context. He is often instructed at the 11^th hour on an urgent basis and is experienced at making out-of-hours applications.

Recent cases include:

R (Driver) v RCT [2020] EWCA Civ 1759 – Intervening on behalf of the Welsh Language Commissioner in a Judicial Review of school re-organisation. Appeared both at first instance and before teh Court of Appeal through the medium of Welsh.
Cyngor Gwynedd Council v Barratt and Ors (Choudhury J) UKEAT/0206/18/VP - Appeared before the EAT, instructed post-trial, on behalf of a Local Authority in a case concerning the dismissal of teachers in a redundancy situation. Permission to appeal granted and listed before the Court of Appeal in July 2021.
McGaw v Welsh Ministers [2020] EWHC 2588 (Admin) - Planning appeal heard before HHJ Jarman QC (sitting as a Judge of the High Court). Permission to appeal gratned and listed before the Court of Appeal for June 2021.
Led by Peter Oldham QC, conducted a review of the Local Authorities (Standing Orders) (Wales) Regulations 2006 applicable to the investigation of alleged misconduct by Senior Officials.
Willott v Clarke (QBD) – Interpretation of Restrictive Covenants
Ceviz v Frawley & Ors [2021] EWHC 8 (Ch) - Misrepresentation in sale of business. Claim alloed, counterclaim dismissed and indemnity costs awarded.
Gorman v Court Enforcement Services – (QBD) Instructed by Applicants in a claim against High Court Enforcement Officers arising from breaches of the Tribunal, Courts and Enforcement Act 2007 and the Taking Control of Goods Regulations 2013. Interim injunction granted by Waksman J preventing sale of goods by HCEO.
Vale of Glamorgan v Skelton (Admin (Divisional Court) Davies, Singh LJJ) – Interpretation of Regulations 47 and 48 of the Council Tax (Administration and Enforcement) Regulations 1992
Downs v HM Ltd - Action for recovery of deposit and defending counterclaim for full contract price arising from cancelled wedding due to Covid-19. Consdiering the effect of the Health Protection (Coronovirus Restrictions) (Wales) Regulations 2020.
Burrows v Davies (Cardiff CC, HHJ Jarman QC) –Successfully obtaining judgment against former co-habitee and a volunteer third party for constructive trust of two properties. Equitable damages awarded, as elected by the Claimant, in full.
Gylphion v Djadi (Ch D) – Without notice injunction preventing sale of deceased’s asset. Substantive undue influence claim ongoing.
R (AA, BB, CC, DD) v A Local Authority - Acting for the Respondent Local Authority in a challenge to its school transport policy. The Judicial Review is being conducted in the medium of Welsh.
Medhurst v Vale of Glamorgan (Admin – Swift J; Garnham J) – Ongoing litigation relating to domestic rates
R (MJ) v SSHD - Appearing for the Secretary of State for the Home Department in the Coutr of Appeal
Parry v Parry (Ch D) – Undue influence and rectification of register involving a number of properties.
Burden v Burden – Trust/estoppel dispute relating to agricultural property.

An ADR Group accredited mediator, Owain accepts instructions to act as a mediator (in Welsh, English or bilingually where appropriate).

Alongside his practice, Owain is currently a PhD candidate whose research covers arbitration and its history in Welsh dispute resolution. He is a currently a student member of the Chartered Institute of Arbitrators during his PhD (having previously been elected a Fellow of CIArb) and is a student member of RICS.

He has been ranked as “Tier 1” for Administrative and Public Law in 2019, having previously been ranked as “Up and Coming” in 2017 and 2018; he was ranked as “Up and Coming” in Commercial Dispute Resolution in 2018 and 2019.

He is described as "Excellent and exceptionally bright", “enthusiastic, hard-working and bright”, "Very quick and intelligent, with a fantastic memory", and as “unflappable, which is really nice because he can keep a calm head when everyone else is losing theirs.” The guides praise his “clear” drafting and note that he “has a very relaxed manner, very good court presentation.” “He is eloquent in how he puts forth arguments and clear and concise in his advice”

In his spare time, he is likely to be found chasing either (or all) his young daughter, his flock of sheep, or swarm of bees around a smallholding in the Dulais Valley.

Publications

Owain regularly publishes updates and practice points on the Civitas Law blog. He has published articles in the Expert Witness Journal, Commercial Litigation Journal, Property Law Journal and in the Cardiff and District Law Society’s Legal News.

Owain has delivered CPD accredited seminars on legal updates both in-house and to local solicitors’ groups. He has also appeared on BBC Wales, Radio Cymru, ITV Wales and S4C discussing current legal issues.

“Contractual interpretation and commercial common law sense: Arnold v Britton [2015] UKSC 26”
"Commercial Law and Social Media issues"

“The quality of mercy”, Co. L.J. 2014, 54(Mar/Apr), 14-16

“Is a written agreement sufficient to vary directions?” Legal News, January 2014

““T” marks on Plan not Decisive of Boundary Location”, Expert Witness Journal, December 2013

Education

He was awarded a Gooderson Award by St Catharine’s College and subsequently an Exhibition Award by the Inner Temple. He was awarded a Centenary Scholarship for his MSc and was subsequently nominated for an Alumni Award.

Ysgol Gyfun Gymraeg Glantaf

St Catharine’s College, Cambridge BA (Hons), MA (Cantab)

Cardiff University PG Dip (Bar)

University of South Wales (MSc) Merit

Currently PhD candidate funded by Y Coleg Cymraeg researching Arbitration.

Memberships

Welsh Commercial Bar Association (Committee Member)

RICS Student Member

CIArb Member

Appointments

Deputy District Judge (Civil)

Legal Aid Review Panel

Paralympic Board of Appeal of Classification

Independent Appeal Panel Chair, Football Association of Wales

Judicial Officer - World Rugby, 6Nations, EPCR, Pro 14, WRU.

ADR

Given Owain’s commercial, construction and property practice he has experience of all forms of ADR.

He has specific experience of advising in relation to tiered ADR clauses and has detailed knowledge of the relationship between Arbitration/Adjudication and the courts both during proceedings and when dealing with appeals under the Arbitration Act.

An ADR Group accredited mediator, Owain accepts instructions to act as a mediator in a wide range of commercial, property, housing, neighbourhood, Anti-Social Behaviour.

Owain is currently studying for an MSc in Construction Law and Arbitration. He is a student member of CIArb and accepts nominations to act as an Arbitrator and Adjudicator.

Cases

Advising on an application under Section 9 of the Arbitration Act 1996 staying proceedings in respect of a £500,000 claim.
Advising on interpretation of a ‘tiered’ ADR clause and ability to instigate proceedings.

Owain prides himself on his attention to detail, ability to grasp the issues and effective advocacy. The Chambers UK Bar Guide 2017 notes that: "He is unflappable, which is really nice because he can keep a calm head when everyone else is losing theirs. His drafting is nice and clear." "Has the ability to take a lot of documents and extract the most important issues."

Administrative and Public

Owain has a busy and varied public and administrative law practice in which he has been ranked as "Up and Coming" by the Chambers UK Bar Guide 2017 which noted that he "Appears in a wide array of administrative and public law cases on behalf of claimants and respondents". He is often instructed in urgent applications and has experience of making out-of-hours applications to the High Court.

The Chambers UK Bar Guide 2017 noted that: "Has the ability to take a lot of documents and extract the most important issues." "He is unflappable, which is really nice because he can keep a calm head when everyone else is losing theirs. His drafting is nice and clear."

He has appeared and advised in cases across the whole spectrum of Tribunal Chambers including the Immigration and Asylum Chamber; Social Security and Child Maintenance Chamber; Criminal Injuries Compensation Chamber; Special Educational Needs and Disability Chamber. He has appeared in both the First-tier and Upper Tribunal.

Owain has recently been involved in a number of Judicial Review matters (on behalf of Applicants and Respondents) and is happy to advise on a pro bono basis ahead of funding being granted.

Owain has experience of advising on Data Protection and Freedom of Information Act claims. Most recently he was instructed on behalf of a police force to defend a claim under the DPA and to resist applications for disclosure of documents.

Owain has an understanding of public procurement. He recently advised on issues arising from the Public Contracts Regulations 2015

Cases

S v SSHD Successfully obtained a stay of removal in an out of hours application relating to a student visa before Simon Brown J.
Instructed in a number of ‘Cart’ challenges of decisions of the tribunal including refusals of permission to appeal and adjournment requests.
Advising local authority on issues arising from withdrawal of school transport services after award of contract following tender including sanctions under the Procurement policy and Public Contract Regulations
Currently advising on public law claims arising from planning permission being granted and subsequently amended in respect of a wind turbine;
AA v SSHD Instructed on behalf of SSHD in relation to a high profile and sensitive case involving unlawful detention.
I v SSHD Judicial Review of Home Office decision finding passport to have been the subject of forgery and rejecting DNA evidence of identity. Decision withdrawn and re-considered. Costs recovered.
A v SSHD Instructed on behalf of the Secretary of State to resist an application for interim relief by way of removal of electronic monitoring equipment.
Advising and settling pleadings, in the medium of Welsh, for a breach of the Public Contract Regualtions.
Advising applicants in relation to interim injunctive relief requiring local authority to take enforcement action when large car manufacturer was removing trees in breach of planning permission.
K v SSHD ‘Out of Hours’ application for injunctive relief made to Hickinbottom J preventing removal of asylum seeker to Kenya in light of Home Office’s inadvertent failure to disclose Rule 35 report.
N v A County Council Successfully resisted an application for permission to bring JR proceedings. Instructed on behalf of a Local Authority who refused to provide accommodation pursuant to Section 21 of the National Assistance Act 1948.
Representing appellant in 4 day trial in the Social Entitlement Chamber in a claim involving allegations of fraud and where recovery of a substantial amount of overpayments is sought.
Successfully resisted an application for disclosure under Section 7 (9) of the Data Protection Act and together with a claim for damages on behalf of a local police force.
Advising applicants in relation to Judicial Review of Local authority’s decision to close Further Education college and move to new location.

Company, Commercial and Insolvency

Owain is developing a broad practice in commercial matters to which he brings detailed preparation and a practical, commercially aware approach. He has a busy advisory practice and appears in both the County and High Court. Owain has particular experience in advising and representing clients in applications for interim injunctive relief often appearing on an urgent or without notice basis. He has been instructed in applications for ‘springboard’ relief, enforcing restrictive covenants, delivery up of commercial property and freezing orders. He also acts in defamation claims.

Owain is a member of the Welsh Commercial Law Association’s committee and regularly delivers training seminars to solicitors, unions and industry.

His commercial law work involves breach of contract, sale of goods and supply of services, guarantees, bailment and partnership disputes. He has also advised on a broad range of professional negligence matters involving solicitors, surveyors, insurers, IFAs, and banks.

Owain’s deals with all aspects of personal and corporate insolvency matters. He often acts in applications to set aside statutory demands or seeking injunctive relief preventing presentation of a winding up petitions.

His debt recovery work includes charging orders, issues relating to mortgages and enforcement. He has particular experience of matters in which fraud is pleaded and has appeared for both Claimants and Defendants in such cases. Owain deals with a broad range of personal and corporate insolvency matters. He also has experience of claims under Part III of the Solicitors Act 1974 and has advised local authorities on recovery of unpaid business rates.

Recent instructions include:

Advising Defendant local authority in a £500,000 breach of contract claim.
Advising an After-the-Event insurer on potential professional negligence claims arising from a high profile defamation case involving local politicians
Advising care provider in relation to obtaining injunctive relief preventing a former director setting up a competing business
Instructed on behalf of a nationwide transport operator to obtain an urgent stay of enforcement proceedings where the underlying debt was disputed.
Instructed to obtain injunctive relief preventing the presentation of a winding-up petition relating to a debt in excess of £750,000
Successful obtaining urgent injunctive relief removing a from office, freezing company and personal bank accounts and preventing use of client leads in breach of duty
Advising in relation to a claim for consequential losses against a bank arising from the mis-selling of an interest rate hedging product for a £1.1m fund.

Construction, Planning and Environment

Owain has been involved in construction disputes conducted both in the Courts and by way of adjudication. He has advised on standard term JCT contracts, claims in negligence against builders and architects, advised in relation to building insurance policies.

He has been ranked as "Up and Coming" by the Chambers UK Bar Guide 2017 which noted that he "Appears in a wide array of administrative and public law cases on behalf of claimants and respondents.

He is developing a planning practice and recently advised in an unusual case involving the erroneous erection of a wind turbine at a location away from the permitted site.

He is currently studying for an MSc in Construction Law and Arbitration and so has an understanding of the finer technical details of construction disputes and the particular issues which can arise during arbitration or adjudication proceedings.

Cases

Currently advising construction claims company in relation to a dispute over fees.
Representing local community group in a claim for negligence against architect and construction company.
Successfully obtaining orders under the Access to Neighbouring Land Act in relation to redevelopment of historic.
Acting for Claimant in substantial claim for damage to property caused by works to neighbouring petrol station.

Education

Owain’s education law practice covers public law challenges, school and SEN appeals, breach of contract claims, complaints to the OIA and disciplinary/professional regulatory matters.

He has been ranked as "Up and Coming" by the Chambers UK Bar Guide 2017 which noted that he "Appears in a wide array of administrative and public law cases on behalf of claimants and respondents."

Cases

Drafting Complaint to the OIA
Advised dyslexic/dyspraxic students ahead of SEN appeals.
Advising a student nurse who was a whistleblower at the Mid-Staffordshire NHS Trust in relation to her fitness to practise appeal and subsequent decision to fail her course.
Representing a PhD Student in a complaint made to the OIA and advising in respect of a claim in negligence/breach of contract for the provision of his Doctoral course.
Advising applicants in relation to Judicial Review of Local authority’s decision to close Further Education college and move to new location.

Employment

Owain’s employment practice principally involves advising in relation to unfair dismissal and discrimination claims. He appears for both Claimants and Respondents.

He has particular experience of the overlap between employment law issues and commercial disputes such as pension disputes, restrictive covenants and restraint of trade and issues arising from injunctive proceedings.

Cases

Successfully defending a local authority in a 5 day disability discrimination case;
Advising a senior Executive of a housing association in respect of an unfair dismissal claim/breach of contract claim relating to redundancy. Claim settled for a 6 figure sum.
Appearing for the Respondent before Kerr J in UKEAT/0079/16/RN
Defending a claim brought by former manager of a hotel alleging a 6 month notice period had been agreed. Claim dismissed.
Represented teacher in unfair dismissal proceedings. Matter settled favourably ahead of remedy hearing.
Successfully resisted strike out application and obtained findings that Dyslexic/Dyspraxic Claimant was disabled under the Equality Act at day long preliminary hearing.
Represented applicant’s in an application for urgent interim relief preventing a hairdresser from working in breach of post-termination restrictions
Representing applicant’s in an application for injunctive relief enforcing post-termination restrictive covenants

Housing

Owain has a busy housing practice dealing with a broad range of matters. He advises in possession proceedings, matters relating Tenancy Deposit Scheme and disrepair claims. Prior to coming to the Bar Owain gained experience of housing litigation involving Anti-Social Behaviour Orders and committals, lease disputes and homelessness/allocation issues. He regularly appears on ASB matters.

He has experience of claims involving unlawful eviction and Equality Act issues.

He was recently instructed in a novel case where a landlord purported to let a property to two families at the same time. Owain successfully obtained an immediate order for possession against trespassers and injunctive relief preventing landlord from attempting to let property out to others on appeal (before Patterson J).

Immigration, Asylum and Nationality

Immigration

Owain has a busy immigration and asylum practice. He is often instructed at the 11^th hour on an urgent basis and is experienced at making out-of-hours applications. He regularly appears in the Tribunals (First-tier and Upper) and in the High Court.

Owain has appeared regularly in the Asylum and Immigration Tribunal instructed both for Appellants and for the Home Office. He has recently been involved in a number of Judicial Review matters (on behalf of Applicants and Respondents) and is happy to advise on a pro bono basis ahead of funding being granted. He has been instructed in unlawful detention claims, fitness-to-fly, age assessment appeals, fresh claim refusals and general public law challenges.

Owain has a busy public and administrative law practice. He accepts instructions through the Treasury Solicitor’s “Baby Barrister” scheme and the Welsh Government’s Junior Barrister scheme. He has been instructed as “off-panel Counsel” for the Treasury Solicitor.

Cases

A v SSHD Judicial Review based on failure to properly consider Article 3 in a suicide case together with Article 8 considerations. Permission granted on all 6 grounds.
S v SSHD Successfully obtained a stay of removal in an out of hours application relating to a student visa before Simon Brown J.
X v SSHD Successfully challenged refusal to provide Asylum Support.
K v SSHD ‘Out of Hours’ application for injunctive relief (Hickinbotton J) preventing removal of asylum seeker to Kenya in light of Home Office’s inadvertent failure to disclose Rule 35 report.
AA v SSHD Instructed on behalf of SSHD in relation to a high profile and sensitive case involving unlawful detention. Instructed to draft summary grounds and represent the Secretary of State at the hearing of an application for interim relief releasing the applicant from custody.
Successfully appealed refusal of asylum by the First-tier Tribunal where appellant not cross-examined on core elements of her claim. Appeal remitted.
I v SSHD Judicial Review of Home Office decision finding passport to have been the subject of forgery and rejecting DNA evidence of identity. Decision withdrawn and re-considered. Costs recovered.
A v SSHD Instructed by the Treasury Solicitor to resist an application for interim relief by way of removal of electronic monitoring equipment.
N v A County Council (Cardiff District Registry, 2014) - Successfully resisted an application for permission to bring JR proceedings. Instructed on behalf of a Local Authority who refused to provide accommodation pursuant to Section 21 of the National Assistance Act 1948.

Inquests and Inquiries

Owain brings his attention to detail and advocacy skills to inquests. He has been ranked as "Up and Coming" by the Chambers UK Bar Guide 2017 which noted that he "Appears in a wide array of administrative and public law cases on behalf of claimants and respondents".

He recently represented the family of a baby who died of an intracranial bleed days after birth at a multi-day inquest.

Police law

Police Law

Owain has been regularly instructed by police forces in relation to Data Protection claims, discrimination/harassment, and domestic violence orders. He is happy to advise Claimant’s in similar cases.

He has also represented clients in claims for wrongful arrest and false imprisonment. He accepts instructions on a CFA basis in appropriate cases.

Professional Discipline

Owain is currently instructed on a consultancy basis by a firm of solicitors on behalf of the Nursing and Midwifery Council in relation to their fitness to practise investigations.

He has advised on public law challenges to disciplinary bodies’ findings. He is currently advising a student nurse who was a whistle-blower at the Mid-Staffordshire NHS Trust in relation to her fitness to practise investigation.

Property and Land

Owain has an interest in all matters pertaining to the occupation and ownership of land and property.

He deals with a broad range of matters and his practice covers:

Boundary disputes;
Easements, Covenants and Rights of Way
Nuisance
Trespass
Adverse possession
Service Charges
Landlord and Tenant (Commercial and Residential)

Cases

Currently representing Claimants in a possession claim where defendants claim proprietary estoppel and constructive trust.
Advised high profile defendant in a property claim involving breach of contract, promissory estoppel and debt claim. Matter settled favourably at mediation
Successfully appealed (before Patterson J) postponed possession order/injunction made against trespassers.
Representing occupier under an equitable lease in an application for relief from forfeiture relating to a £3million Biomass Gasification Plant
Acted for defendant in claim for constructive/resulting trust, unjust enrichment, and restitution by former husband and former parents-in-law. Successfully defended trusts/equity claims and judgment limited to repayment of admitted loan.
Successfully defending a claim for constructive trust and obtained significant damages for mesne profits and unjust enrichment.

Regulatory, Health and Safety and Licensing

Owain accepts instructions in a wide range of regulatory and Health and Safety matters. He acts for police forces, local authorities and individuals.

Owain is currently instructed on a consultancy basis on behalf of the Nursing and Midwifery Council in relation to their Fitness to Practise work. He advises on matters of evidence and drafts charges.

Wills, Trusts and Probate

Owain is developing a traditional chancery practice.

He has acted in cases including:

Implied, Constructive and Resulting Trusts;
Claims under the Inheritance Act (Provision for Family and Dependants) Act 1975;
Wills;
Contentious Probate.

Expertise

Barristers

Door Tenants

Vertical Tabs

ADR

Cases

Administrative and Public

Cases

Company, Commercial and Insolvency

Construction, Planning and Environment

Cases

Education

Cases

Employment

Cases

Housing

Immigration

Cases

Inquests and Inquiries

Police Law

Professional Discipline

Property and Land

Cases

Regulatory, Health and Safety and Licensing

Wills, Trusts and Probate

Expertise

Civitas Law

Contact

Expertise

Barristers

Door Tenants

You are here

Owain Rhys James

Vertical Tabs

ADR

Cases

Administrative and Public

Cases

Company, Commercial and Insolvency

Construction, Planning and Environment

Cases

Education

Cases

Employment

Cases

Housing

Immigration

Cases

Inquests and Inquiries

Police Law

Professional Discipline

Property and Land

Cases

Regulatory, Health and Safety and Licensing

Wills, Trusts and Probate