Practice
“Thoughtful, composed and always right, James is very committed to delivering successful outcomes no matter how difficult the challenge.” (Chambers and Partners, Chancery: Commercial). “Extremely diligent, detail-orientated and hard-working.” (Chambers and Partners, Chancery: Commercial) “James knows the law like the back of his hand and pleasingly matches it with commercial acumen.” (Chambers and Partners, Company); “Calm and cogent, he’s unflappable even in the most stressful situations” (Chambers and Partners Company). “He considers everything holistically and tailors his advice to the client, pondering every option” (Chambers and Partners Company. “A very impressive junior. He is able to marshal complicated details well, and has strong drafting skills and an excellent work ethic.” (Chambers and Partners Global, Commercial Chancery UK). “James is a pleasure to work with. Very hardworking and diligent. James is technically strong; he quickly grasped the issues in a very complex banking dispute and identified the relevant issues.” (Legal 500, Banking & Finance). “He is very clear in his advice, provides well supported and reasoned solutions.” (Legal 500, Company).
James has a broad commercial and company-based practice. His work encompasses advice, drafting and representation for domestic and international clients across 4 Stone Buildings’ core practice areas, with a particular emphasis on shareholders’ disputes and civil fraud. Equally at home acting as sole counsel or being led, James regularly appears in the Chancery Division and the Commercial Court. James is ranked as a leading Junior for company law by both publications, in Chancery: Commercial by Chambers and Partners (UK Bar and Global) and in Banking & Finance by the Legal 500.
Practice areas
- Banking & finance
James is ranked as leading junior in Banking & Finance by the Legal 500 (“James is a pleasure to work with. Very hardworking and diligent. James is technically strong; he quickly grasped the issues in a very complex banking dispute and identified the relevant issues.”) and a significant number of James’ cases involve banking or finance-related issues. James has particular experience of acting as a junior in complex, high-value cases in this field. His experience includes:
- Acting (with Andre de Mestre KC) for a major UK bank in a multimillion pound claim in conspiracy and unjust enrichment against multiple defendant (including obtaining domestic and worldwide freezing injunctions)
- Acting (with Richard Hill KC) for the claimants in the DIFC Courts in a regulatory and breach of contract claim against a major bank (CFI 062/2021).
- Acting (with Justin Fenwick KC, Christopher Parker KC and Andrew de Mestre KC) for the Liquidators of Stanford International Bank Ltd in proceedings against HSBC arising out of a multi-billion dollar Ponzi fraud (see e.g. Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc [2020] EWHC 2232 (Ch), in the Court of Appeal ([2021] 1 WLR 3507) and in the Supreme Court ([2023] 2 W.L.R. 79)
- Acting (with Richard Salter KC and Andrew Clutterbuck KC) for a major trust corporation in a Part 8 claim in connection with the long-running insolvencies of the Australian Bell Group of companies (see Re The Law Debenture Trust Corporation plc [2020] EWHC 1792 (Ch))
- Advising (with Robert Miles QC) an override agent on its duties in connection with a complex debt restructuring.
- Advising (with Robert Miles QC) on the construction of representation and solvency clauses in a complex swap transaction between a Dutch company and a major European bank.
- Acting (with Robert Miles QC and Hilary Stonefrost) for JP Morgan Europe Limited in its successful defence of claims brought against it by mezzanine lenders following a non-consensual restructuring under a syndicated finance agreement: Saltri III Ltd v. MD Mezzanine SA SICAR & Others [2012] EWHC 3025 (Comm); [2013] 1 All E.R. (Comm) 661; [2013] 2 B.C.L.C. 217.
- Company law
James is recommended in both the Legal 500 and Chambers and Partners as a leading Junior in company law (having been ranked in Chambers and Partners for over a decade). According to clients who spoke to Chambers and Partners he “knows the law like the back of his hand and pleasingly matches it with commercial acumen”, is “calm and cogent … unflappable even in the most stressful situations” and “considers everything holistically and tailors his advice to the client”, He has particular experience of acting for clients at all stages of shareholders’ disputes, including in connection with derivative claims and petitions brought under section 994 of the Companies Act 2006. His work in this area includes:
- Advising (with George Bompas KC) a 50% shareholder in a valuable technology company on a dispute with their co-shareholder.
- Successfully acting for a claimant in a week long remote trial of a claim for specific performance of a share allotment contract.
- Successfully defending a short-notice application for an injunction seeking to exclude at 50% shareholder from active participation in a company pending the hearing of a 994 petition, and obtaining a costs order in the client’s favour in the full amount claimed.
- Acting as sole counsel for the Petitioner in a week-long trial of a petition under section 994 of the Companies Act 2006, in relation to a family construction business: Weatherley v Weatherley [2018] EWHC 3201 (Ch); [2019] 1 B.C.L.C. 520
- Advising a shareholder in an international shipping management firm in relation to the defence of a threatened petition under section 994 of the Companies Act 2006
- Advising a shareholder / potential shareholder in a family healthcare business as to potential claims for specific performance of a share sale agreement.
- Advising a shareholder in a multi-million baked-goods business as to potential remedies against a fellow shareholder.
- Acting for a company resisting an application under s.125 CA 2006 to rectify its register of members.
- Acting for a petitioner under s.994 CA 2006 through to a successful settlement in respect of a multi-million pound multimedia consultancy business.
- Acting as sole counsel for the Claimants on an application which saw the High Court endorse the use of “predictive coding” in e-disclosure for the first time, in what has been described as a “landmark ruling”: Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch) (“Landmark ruling on predictive coding in disclosure”)
- Advising (with Richard Hill KC) a shareholder in a Scottish company in relation to an unfair prejudice petition brought before the Scottish Courts and a successful application by the shareholder in the Scottish Courts for injunctive relief to prevent a vote on a hostile resolution seeking to strip the shareholder of its voting rights.
- Acting (with Andrew De Mestre KC, Orlando Fraser KC and Richard Millett KC) for a claimant energy investment company in an account of profits, following the diversion from it of a number of business opportunities relating to a potentially revolutionary oil and gas technology, culminating in a six week Enquiry before Mrs Justice Asplin in 2015 ( and two appeals in the Court of Appeal ([2021] Costs LR 133 and [2021] 1 WLR 2264).
- Acting (with Robert Miles QC) for a former public company in a multi-million pound claim against its former directors for alleged breaches of fiduciary duty.
- Acting as sole Counsel for an alleged de facto director in an action brought by joint liquidators for alleged breaches of fiduciary duty in connection with an multi-million pound VAT fraud.
- Acting (with Richard Hill KC) for the defendant shareholders in a dispute over the ownership of an electricity generating plant in the Quetta region of Pakistan.
- Acting for the petitioner in section 994 proceedings brought in respect of a group of estate agency companies.
- Advising and acting (with John Brisby KC) in relation to derivative proceedings brought by a healthcare software developer, including obtaining ex parte injunctions to prevent continued interference with the company’s business.
- Acting (with Peter Griffiths) for the Respondent and successful Cross-Petitioner in proceedings under s.994 CA 2006: Re Abbington Hotel Ltd [2011] EWHC 635 (Ch); [2012] 1 B.C.L.C. 410.
- Advising and acting (with Peter Griffiths) for the claimant and cross-respondent in proceedings in the Technology and Construction Court involving disputes in relation to a number of construction joint ventures and a derivative claim.
- Commercial dispute resolution
James provides advice and representation in connection with a range of commercial disputes and frequently appears in the Commercial Court. He has experience of both trial work and obtaining and resisting interim relief. James’s recent work in this area includes:
- Acting (with John Machell KC) for the corporate trustee of a Cayman STAR trust in proceedings brought by two Russian banks against members of the Mints family and others PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm).
- Acting (with Richard Millett KC) for a major international pharmaceutical firm in proceedings concerning the nature and amount of damages, if any, due under a settlement agreement arising out of the marketing and sale of a patented drug combination (including successfully resisting an application for preliminary issues: Eli Lilly & Co v Teva Pharmaceutical Industries Limited [2023] EWHC 68 (Ch).
- Acting (with Andre de Mestre KC) for a major UK bank in a multimillion-pound claim in conspiracy and unjust enrichment against multiple defendant (including obtaining domestic and worldwide freezing injunctions)
- Acting (with Jonathan Crow KC) for the liquidators of a defrauded company in a an equitable claim arising out of an international fraud.
- Acting (with Richard Hill KC) for the claimants in the DIFC Courts in a regulatory and breach of contract claim against a major bank (CFI 062/2021).
- Advising liquidators of an English company in respect of potential claims in connection with an alleged international “cum-ex” fraud.
- Acting for a Defendant company and shareholder in a claim by a restructuring firm for a success fee.
- Acting for a joint venturer in respect of an English-law contractual dispute arising out of a luxury housing development in the Caribbean.
- Advising a party to a property development joint venture as to potential remedies against his co-venturer.
- Acting (with Jonathan Crow KC) for the Claimants in a multi-million pound solicitors’ negligence claim relating to the purchase of a pharmaceutical manufacturing plant.
- Advising a company in the transport sector in relation to a commission claim by a purported sale agent, including representing the client at a successful mediation.
- Acting (with Jonathan Crow KC) for the defendants in a multi-million pound fraud claim and shareholders’ dispute over a successful family run bakery business.
- Acting (with Jonathan Crow KC) for Sonja Kohn in her successful defence of the high profile claim brought by the liquidators of Madoff Securities International Limited against its former directors and third parties: Madoff Securities International Ltd v. Raven & Ors [2013] EWHC 3147 (Comm); [2014] Lloyd’s Rep. F.C. 95 (one of The Lawyer’s “Top 10 cases of 2013″).
- Acting on behalf of the Receivers appointed in the high profile Commercial Court litigation between JSC BTA Bank and Mukhtar Ablyazov (alongside Gregory Denton-Cox, Andrew De Mestre and Robert Miles QC).
- Acting (with Hilary Stonefrost and Robert Miles QC) for JP Morgan Europe Limited in its successful defence of claims brought against it by mezzanine lenders following a non-consensual restructuring under a syndicated finance agreement: Saltri III Ltd v. MD Mezzanine SA SICAR & Others [2012] EWHC 3025 (Comm); [2013] 1 All E.R. (Comm) 661; [2013] 2 B.C.L.C. 217 .
- Chancery: commercial
James is recommended by Chambers and Partners as a leading junior in Chancery: commercial. With commercial litigation by no means confined to the Commercial Court, James’s practice also sees him regularly appearing in the Chancery Division in a range of commercial disputes. Described as “Thoughtful, composed and always right”, “Extremely diligent, detail-orientated and hard-working” and “very committed to delivering successful outcomes no matter how difficult the challenge” (Chambers and Partners), his recent work in this area includes:
- Acting (with Richard Millett KC) for a major international pharmaceutical firm in proceedings concerning the nature and amount of damages, if any, due under a settlement agreement arising out of the marketing and sale of a patented drug combination (including successfully resisting an application for preliminary issues: Eli Lilly & Co v Teva Pharmaceutical Industries Limited [2023] EWHC 68 (Ch).
- Acting (with John Machell KC) for the corporate trustee of a Cayman STAR trust in proceedings brought by two Russian banks against members of the Mints family and others PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm).
- Acting (with Andrew de Mestre KC) for the successful respondent and appellant a complex appeal and cross-appeal heard over seven days in the Court of Appeal and generating two reported judgments dealing with numerous issues including costs, the scope of an account of profits, abuse of process, and allegations of misleading the court (Global Energy Horizons Corp v. Gray [2021] Costs LR 133 and [2021] 1 WLR 2264).
- Successfully acting for a claimant in a week long remote trial of a claim for specific performance of a share allotment contract.
- Successfully defending a short-notice application for an injunction seeking to exclude at 50% shareholder from active participation in a company pending the hearing of a 994 petition, and obtaining a costs order in the client’s favour in the full amount claimed.
- Acting as sole trial advocate for the successful claimants in a contested charging order application to determine the beneficial ownership of a residential property and whether a purported trust deed was a sham document: Joint Liquidators of Reynolds DIY Stores Ltd v Reynolds (15 August 2017, unreported);
- Acting (with Andrew De Mestre KC, Orlando Fraser KC and Richard Millett KC) for a claimant energy investment company in an account of profits, following the diversion from it of a number of business opportunities relating to a potentially revolutionary oil and gas technology, culminating in a six week Enquiry before Mrs Justice Asplin in 2015 ([2015] EWHC 2232 (Ch)) and numerous subsequent interim hearings;
- Acting (with Andrew De Mestre KC) to obtain disclosure of documentation and information from various third parties under the Court’s equitable jurisdiction to order the provision of information in relation to trust asset: Global Energy Horizons Corp v Gray [2014] EWHC 2925 (Ch).
- Acting at first instance and on appeal (with Richard Hill and Nigel Tozzi KC) for the claimant in a claim against a number of major manufacturers in relation to a multi-billion dollar construction project in the Middle East : Mahmood v Mitsubishi Electric Europe BV & Ors [2013] EWHC 44 (Ch)
- Advising and acting (with John Brisby KC) in relation to derivative proceedings brought by a healthcare software developer, including obtaining ex parte injunctions to prevent continued interference with the company’s business.
- Acting (with Paul Greenwood and George Bompas KC) in the DXPCC v Prudential litigation.
- Fraud – civil
Fraud does not confine itself to particular practice areas or divisions, and common to much of James’s work in both the Chancery Division and the Commercial Court are disputes involving serious allegations of dishonesty. James has experience of acting at all stages of such disputes, from the initial advice, to drafting pleadings, seeking or resisting interim relief, advising on case management and through to representation at trial. His recent work involving allegations of fraud or serious dishonesty includes the following:
- Acting (with Andre de Mestre KC) for a major UK bank in a multimillion pound claim in conspiracy and unjust enrichment against multiple defendant (including obtaining domestic and worldwide freezing injunctions)
- Advising liquidators of an English company in respect of potential claims in connection with an alleged international “cum-ex” fraud.
- Acting for the liquidators of Stanford International Bank Ltd
- Advising an offshore trust in respect of English law issues arising from a worldwide freezing order made against certain potential beneficiaries.
- Acting as sole trial advocate for the successful claimants in a contested charging order application. The claim relied in part on successfully showing that a purported declaration of trust was a sham: Joint Liquidators of Reynolds DIY Stores Ltd v Reynolds (15 August 2017, unreported);
- Acting (with Jonathan Crow KC) for the defendants in a multi-million pound fraud and conspiracy claim and shareholders’ dispute over a successful family run bakery business.
- Advising (with Robert Miles QC) a former shareholder in a public company in relation to potential claims under s.90 of FSMA 2000 and for insider trading and unlawful means conspiracy.
- Acting (with Jonathan Crow KC) for Sonja Kohn in her successful defence of the high profile claim brought by the liquidators of Madoff Securities International Limited against its former directors and third parties: Madoff Securities International Ltd v. Raven & Ors [2013] EWHC 3147 (Comm); [2014] Lloyd’s Rep. F.C. 95 (one of The Lawyer’s “Top 10 cases of 2013″).
- Acting on behalf of the Receivers appointed in the high profile Commercial Court litigation between JSC BTA Bank and Mukhtar Ablyazov (alongside Gregory Denton-Cox, Andrew De Mestre and Robert Miles QC)
- Acting (with Rachel Oakeshott and Stephen Auld KC) for the claimants in a multi-million pound claim in deceit, conspiracy and professional negligence against a solicitor in connection with the purchase of a substantial piece of real property on the river Thames.
- Acting (with Tom Gentleman and John Brisby KC) for the successful Defendant in a three week trial in the Queen’s Bench Division involving a multi-million pound contract dispute and findings of fraud against the Claimant (Butler-Creagh v. Hersham [2011] EWHC 2525 (QB)), including successfully obtaining ex parte injunctive relief in respect of a prospective costs liability.
- Offshore litigation
James has experience of advising and acting for clients in relation to offshore litigation. His recent work in this area includes:
- Acting (with Richard Hill KC) for the claimants in the DIFC Courts in a regulatory and breach of contract claim against a major bank (CFI 062/2021).
- Advising (with John Brisby KC, Tom Gentleman and Cayman lawyers) in respect of a potential just and equitable winding up petition relation to a Cayman island company trading on the Hong Kong stock exchange.
- Advising (with John Brisby KC) in relation to multi-million dollar trust litigation in the Bahamas, including a claim for the removal of a corporate trustee arising out of alleged breaches of trust.
- Insolvency & restructuring
James regularly appears in Company and Bankruptcy Courts, acting for and advising debtors and creditors on a wide range of matters. In the bankruptcy field he has particular experience of COMI disputes and has successfully acted for a number of creditors seeking to prevent or overturn bankruptcy orders on COMI grounds. His recent work in insolvency and restructuring includes:
- Acting (with Mark Phillips QC, Jonathan Kirk QC and Frederick Philpott) for the successful appellant on the appeal of a bankruptcy order made (and reported in The Times) in connection with one of the largest personal insolvencies ever to come before the English Courts: Gertner v CFL Finance Limited [2020] EWHC 1241 (Ch).
- Acting (with Justin Fenwick QC and Andrew de Mestre QC) for the Liquidators of Stanford International Bank Ltd in proceedings against HSBC arising out of a multi-billion dollar Ponzi fraud (see Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc [2020] EWHC 2232 (Ch) (strike out application)).
- Acting for an alleged non-executive director in connection with a claim by a liquidator alleging breach of directors’ duties.
- Acting for the defendant to a fraudulent trading and misfeasance claim in respect of a land banking scheme.
- Acting for the respondent to an application by a US SIPA Trustee under Article 21 of the Cross Border Insolvency Regulations 2006
- Acting (with Gabriel Moss QC) for the appellant in the appeal of the decision in Gertner v CFL Finance Limited [2018] EWCA Civ 1781, concerning an application to revoke one of the largest IVAs in English history by creditor value
- Acting (with Orlando Fraser QC) for the Defendant to an application to revoke an IVA with a creditor value of over £500m, which considered the scope of the “good faith” principle identified in Cadbury Schweppes Plc v Somji [2001] 1 W.L.R. 615: see CFL Finance Ltd v Rubin [2017] EWHC 111 (Ch); [2017] B.P.I.R. 336;
- Advising on English law matters arising in the context of claw-back claims brought before the Icelandic Courts
- Advising creditors on an application to obtain allegedly confidential documents from a company in liquidation
- Successfully acting for a number of creditors in COMI challenges on foreign debtors’ bankruptcy petitions, including a two-day witness action in the High Court (Eck v. Zapf [2012] BPIR 499).
- Acting (with Hilary Stonefrost and Robert Miles QC) for JP Morgan Europe Limited in its successful defence of claims brought against it by certain mezzanine lenders following a non-consensual restructuring under a syndicated finance agreement: Saltri III Ltd v. MD Mezzanine SA SICAR & Others [2012] EWHC 3025 (Comm); [2013] 1 All E.R. (Comm) 661; [2013] 2 B.C.L.C. 217 .
- Successfully defending claims brought against a trustee in bankruptcy in respect of the trustee’s fees and management of the estate.
- Advising (with John Brisby QC) an Icelandic Bank in relation to potential claims against an English financial services advisor in administration.
- Advising and acting for petitioners and companies in relation to all stages of the winding up process.
- Advising and acting for petitioners and debtors in relation to bankruptcy proceedings, including applications to set aside statutory demands.
- Advising and acting for both petitioners and trustees in bankruptcy on annulment applications under s.282 IA 1986.
- Advising the liquidators of a manufacturing company on potential claims against former directors under IA 1986.
- Advising the liquidators of a printing company on the lawfulness of dividends paid to former directors under CA 2006.
- Acting for the administrators of a group of care home companies on an application for the extension of the administrations.
- Trusts
Issues relating to trusts and trusts law can arise across virtually all of Chambers’ specialisms, and James is experienced in acting for and against Trustees (including trusts of traditional and offshore private trusts and trustees of corporate finance transactions, e.g. bond and security trustees). His work includes:
- Acting (with John Machell KC) for the corporate trustee of a Cayman STAR trust in proceedings brought by two Russian banks against members of the Mints family and others PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm).
- Acting (with Richard Salter QC and Andrew Clutterbuck QC) for a major trust corporation in a Part 8 claim in connection with the long-running insolvencies of the Australian Bell Group of companies (see Re The Law Debenture Trust Corporation plc [2020] EWHC 1792 (Ch))
- Advising an offshore trust in respect of English law issues arising from a worldwide freezing order made against certain potential beneficiaries.
- Advising (with John Brisby KC) in relation to multi-million dollar trust litigation in the Bahamas, including a claim for the removal of a corporate trustee arising out of alleged breaches of trust.
- Acting (with Hilary Stonefrost and Robert Miles QC) for JP Morgan Europe Limited (in its capacity as security trustee) in its successful defence of claims brought against it by certain mezzanine lenders following a non-consensual restructuring under a syndicated finance agreement: Saltri III Ltd v. MD Mezzanine SA SICAR & Others [2012] EWHC 3025 (Comm); [2013] 1 All E.R. (Comm) 661; [2013] 2 B.C.L.C. 217 .
Additional info
- Cases of Interest
- Eli Lilly & Co v Teva Pharmaceutical Industries Limited [2023] EWHC 68 (Ch). James was led by Richard Millett KC in successfully resisting an application for a trial of preliminary issues.
- PJSC National Bank Trust v Mints [2023] EWHC 118 (Comm). James was led by John Machel KC acting for a trustee defendant in connection with an application by a number of other defendants to stay the proceedings on the grounds of the impact of the Russia sanctions arising following the invasion of Ukraine.
- Millie v. Mihard CFI 062/2021 (23 Feb 2023) James was led by Richard Hill KC in the DIFC Courts in a successful application to amend particulars of claim in connection with a complex regulatory action against a major bank and in successfully resisting large parts of a strike out application.
- Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc [2022] UKSC 34 | [2023] 2 W.L.R. 79. James was led by Christopher Parker KC in the Supreme Court, acting for the liquidators of Stanford International Bank Limited in this appeal which considered important issues relating to the scope of loss in a Quincecare claim by an insolvent bank.
- Global Energy Horizons Corp v Gray [2021] EWCA Civ 123; [2021] Costs L.R. 133. James was led by Andrew de Mestre KC in this successful appeal of a first instance costs order in relation to a long-running account of profits.
- Richards v Harvey [2021] EWHC 21 (Ch). James acted as sole trial advocate in the week long trial of claims relating to a property joint venture in Barbados.
- Global Energy Horizons Corp v Gray [2020] EWCA Civ 1668; [2021] 1 W.L.R. 2264. James was led by Andrew de Mestre KC and acted for the successful respondent in this six day appeal hearing, which concerned an attempt to overturn complex findings of fact and allegations of misleading the Court.
- Stanford International Bank Ltd (In Liquidation) v HSBC Bank Plc [2020] EWHC 2232 (Ch) James was led by Justin Fenwick KC and Andrew de Mestre KC acting for the liquidators of Stanford International Bank Ltd in successfully defending a strike out application by HSBC in respect of SIB’s Quincecare claim against HSBC.
- Re The Law Debenture Trust Corporation plc [2020] EWHC 1792 (Ch). James was led by Richard Salter KC and Andrew Clutterbuck KC in this Part 8 Claim for directions in connection with the long-running insolvencies of the Australian Bell Group of companies.
- Gertner v CFL Finance Limited [2020] EWHC 1241 (Ch); bankruptcy petitions; discretion to adjourn; creditors’ interests; good faith principle; consumer credit; Tomlin Orders. James was led by Mark Phillips KC, Jonathan Kirk KC and Frederick Philpott in this complex appeal which concerned amongst other things the extent of the court’s discretion when faced with competing insolvency processes (IVA vs bankruptcy) and disagreements between creditors, the application of the ‘good faith principle’ in connection with IVAs and the extent to which a settlement agreement annexed to a Tomlin Order could give rise to the provision of credit for the purposes of the consumer credit legislation.
- Weatherley v Weatherley [2018] EWHC 3201 (Ch); [2019] 1 B.C.L.C. 520; unfair prejudice; directors’ duties. James acted as sole counsel for the Petitioner in this week-long trial of a petition under section 994 of the Companies Act 2006.
- Gertner v CFL Finance Limited [2018] EWCA Civ 1781; Creditors’ meetings; Good faith; Individual voluntary arrangements; Material irregularity; Non-disclosure; Settlement agreements; Voting rights. The case considered the application of the “good faith principle” identified in Cadbury Schweppes Plc v Somji [2001] 1 W.L.R. 615.
- Lynch v Aldermore Bank Plc & Anor (16 November 2017, unreported); summary judgment / strike out; locus; security for costs. James successfully defendant a summary judgment / strike out application by the applicant bank. The Court considered whether an applicant seeking to challenge the admission of a proof of debt in his bankruptcy estate had to show a tangible interest in the bankruptcy or whether it was sufficient for him to come within the wording of r.6.105(2) of the Insolvency Rules 1986.
- Mayr & Ors v CMS Cameron McKenna LLP [2017] EWHC 3264 (Comm); security for costs; adequacy of ATE and Deeds of Indemnity. James was led by Jonathan Crow KC in successfully resisting an application for security for costs. The case considered the extent to which After the Event insurance combined with a Deed of Indemnity was sufficient to demonstrate that no order for security for costs was appropriate. The decision has since been applied at first instance in Recovery Partners GB Ltd v Rukhadze [2018] EWHC 95 (Comm); [2018] 1 W.L.R. 1640.
- CFL Finance Ltd v Rubin [2017] EWHC 111 (Ch); [2017] B.P.I.R. 336; Creditors’ meetings; Good faith; Individual voluntary arrangements; Material irregularity; Non-disclosure; Settlement agreements; Voting rights. The case considered the application of the “good faith principle” identified in Cadbury Schweppes Plc v Somji [2001] 1 W.L.R. 615. James also acted on the appeal to the Court of Appeal (see above).
- Joint Liquidators of Reynolds DIY Stores Ltd v Reynolds (15 August 2017, unreported); charging orders; sham documents; beneficial interests; constructive trusts; construction of trust deeds
- Global Energy Horizons Corp v Gray [2017] EWHC 23 (Ch); Adjournment; Change of solicitor; Costs
- Pyrrho Investments Ltd v MWB Property Ltd [2016] EWHC 256 (Ch) Case management; Electronic disclosure; Software. The first ever UK Court endorsement of predictive coding for use in e-disclosure (“Landmark ruling on predictive coding in disclosure”)
- Global Energy Horizons Corp v Gray [2015] EWHC 2232 (Ch) Account of profits; Breach of fiduciary duty; Conflict of interest; Loss of profits
- Global Energy Horizons Corp v Gray [2014] EWHC 2925 (Ch) Breach of fiduciary duty; Control; Disclosure and inspection; Documents; Equitable jurisdiction; Non-party disclosure
- Madoff Securities International Ltd v. Raven & Ors [2013] EWHC 3147 (Comm); [2014] Lloyd’s Rep. F.C. 95 Directors’ powers and duties; fraud; knowing receipt; dishonest assistance; restitution (one of The Lawyer’s “Top 10 cases of 2013″).
- Mahmood v Mitsubishi Electric Europe BV & Ors [2013] EWHC 44 (Ch) Summary judgment; quantum meruit; consultancy agreements; contracts; civil procedure
- Saltri III Ltd v. MD Mezzanine SA SICAR & Others [2012] EWHC 3025 (Comm); [2013] 1 All E.R. (Comm) 661; [2013] 2 B.C.L.C. 217 Non-consensual restructuring; duties owed by security trustee under intercreditor agreement; rights of senior and mezzanine lenders.
- Eck v. Zapf [2012] BPIR 499 Bankruptcy; Centre of Main Interests; time for assessment
- Butler-Creagh v. Hersham [2011] EWHC 2525 (QB) Contracts; deceit; fraudulent misrepresentation; real property
- Re Abbington Hotel Ltd [2011] EWHC 635 (Ch); [2012] 1 B.C.L.C. 410 Shareholders’ agreements; Share valuation; Unfairly prejudicial conduct
- What the directories and judges say:
Chambers Global – Dispute Resolution: Commercial Chancery, Band 2
“Thoughtful, composed and always right, James is very committed to delivering successful outcomes no matter how difficult the challenge.”Chambers UK Bar – 2023 Company Law, Band 2
“James knows the law like the back of his hand and pleasingly matches it with commercial acumen.”“Calm and cogent, he’s unflappable even in the most stressful situations.”
“He considers everything holistically and tailors his advice to the client, pondering every option.”
Chambers UK Bar – 2023 Chancery: Commercial, Band 2
“Extremely diligent, detail-orientated and hard-working.”“His is a very collaborative style and he is very patient especially with difficult clients.”
Legal 500 – 2023 Company Law, leading Juniors
“He is very clear in his advice, provides well supported and reasoned solutions.”Legal 500 – 2023 Banking & Finance, leading Junior“James is a pleasure to work with. Very hardworking and diligent. James is technically strong; he quickly grasped the issues in a very complex banking dispute and identified the relevant issues.”
Chambers UK Bar – 2022 Company Law, Band 2
“Technically very gifted and has a way of explaining matters in an understandable way. He’s a fine lawyer and comes up with creative solutions.”“James is great to work with; he’s very responsive, hands-on and technically excellent.”
Chambers UK Bar – 2022 Chancery: Commercial, Band 3
“Really great to work with as he is very, very responsive, technically excellent and very hands-on. He is definitely counsel you can put in front of clients without hesitation.”Legal 500 – 2022 Company Law, leading Juniors
“His advice is very user friendly and he is excellent in dealing with difficult and demanding clients.”Legal 500 – 2022 Banking & Finance, leading Juniors
“Very hard-working and mastered the detail very speedily. Great to work with as part of an extended legal team.”“has made a good impression on the market.”
Chambers Global – 2021 Dispute Resolution: Commercial Chancery, UK
“He is technically excellent and provides very practical and robust advice.”“A very impressive junior. He is able to marshal complicated details well, and has strong drafting skills and an excellent work ethic.”
Chambers UK Bar – 2021 Company Law, Band 2
“James is very prepossessing and a reassuring presence to have on your side. He inspires great confidence and is excellent on paper.”Chambers UK Bar – 2021 Chancery: Commercial, Band 4
“He is technically excellent and provides very practical and robust advice.”“A very impressive junior. He is able to marshal complicated details well, and has strong drafting skills and an excellent work ethic.”
Legal 500 2021 – Company Law, Leading Juniors
“Very easy to work with, thorough and technically brilliant.”Chambers UK Bar – 2020 Company Law, Band 2
“Absolutely brilliant. He picks up issues quickly, he has an excellent commercial sense and he advises the client sensibly.”Chambers UK & Global Bar – 2020 Chancery: Commercial, Band 4
“He’s calm and unflappable, assured but brilliant. Even though he’s a junior, he commands the respect of clients and when he speaks they listen.”“Incredibly quick and hard-working.”
“A confident advocate who is the junior of choice for a number of high-profile silks.”
Legal 500 2020 – Company Law, Leading Juniors
“He is very approachable and responsive, and quick-thinking, and decisively clear in his advice.”Chambers UK Bar – 2019 Company Law, Band 2
“James is very, very good. Turnaround times are great, his attention to detail and drafting are brilliant and he understands what the client wants.”Legal 500 2019 – Company Law, Leading Juniors
“A diligent, articulate and intelligent advocate.’”Chambers UK Bar – 2018 Company Law, Band 2
“Extremely bright academically. He doesn’t lose sight of the wider commercial picture and provides invaluable strategic advice.”Legal 500 2018 – Company Law, Leading Juniors
“A first-rate practitioner, who makes himself available at short notice.”Chambers UK Bar 2017 – Company Law, Band 2
“The way he works with you is far beyond his years. He can ably deal with complex work in a timely fashion, and you really feel you can rely on him. His help has been invaluable.”Chambers UK Bar 2016 – Company Law, Band 2
“His turnaround time is fantastic. He’s extremely responsive and goes out of his way to be helpful.”“He is an exceptionally good drafter and turns around some incredibly impressive pleadings which are first-rate.”
Chambers UK Bar 2015:
“An emerging name in chancery law, who has a strong reputation for his company law capabilities. He is particularly credited for his drafting skills.”“Very diligent and very thorough.”
“He’s really great on the documents and the detail.”
- Career & appointments
James is a member of the Commercial Bar Association and the Chancery Bar Association.
- Education & Awards
2003 – 2006 BA (Hons) Warwick
2006 – 2007 BPP Law School (GDC)
2007 – 2008 BPP Law School (BVC)