The Rule in Ex parte James

Shah, Aisha (2024) The Rule in Ex parte James. Law Quarterly Review, 140 (4). pp. 595-619. ISSN 0023-933X

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Abstract

This article explores the 'Ex p. James' rule. The rule is important for the reason that, when it is successfully invoked against an officer of the court, the officer of the court cannot insist on their strict legal rights. It thus allows the court to disregard legal principles, in a legal system governed by the rule of law, and introduces into the law what Slade L.J., in 'Re TH Knitwear Ltd', described as a "less welcome element of uncertainty". The 'Ex p. James' principle has been effectively utilised in a wide range of cases including, but not limited to, to recover money paid by a lender to a bankrupt, recover money paid by a creditor to a trustee in bankruptcy, recover rates paid to a local council, and to recover tax paid to Revenue and Customs.

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