Professional practice

C&P 2024Leading Junior 2024

James is an experienced commercial advocate who has consistently been recognised as a leader in his field. His practice spans a broad range of commercial disputes, both in litigation and arbitration. In addition to mainstream commercial work he is particularly well known in the areas of civil fraud and asset recovery, commercial chancery, and banking and finance.

Before taking silk, James was ranked as a leading junior in five different practice areas: commercial dispute resolution (Legal 500 Tier 1, Chambers UK and Chambers Global Band 2), civil fraud (Legal 500 Tier 1, Chambers UK Band 2, Who’s Who Legal “most highly regarded”), banking and finance (Legal 500 Tier 1, Chambers UK Band 4), commercial chancery (Chambers UK and Chambers Global, Band 1), and company and partnership (Legal 500 Tier 3).

He has recently been described as “unbelievably bright and a total delight to work with. A superstar”; as an “absolute megastar”; and as “a future leader at the Bar” whose “abilities consistently astound”. He is “an extremely personable and charming advocate” with a “calm, considered but punchy advocacy style which holds up well to silks many years his senior” and whose advocacy is “first class”. Those James has worked with also praise his “incredible mastery of the law”, his “extraordinary clarity of thinking” and “uncanny ability to get to the heart of an issue and…masterful command of detail”.

In 2021 James was shortlisted for Chambers & Partners Commercial Litigation Junior of the year. Prior to his appointment as King’s Counsel he featured consistently in Who’s Who Legal as one of the most highly regarded juniors for civil fraud work, and in 2018 the same publication listed him among a small number of ‘rising star’ juniors under 15 years’ call.

James has acted in some of the largest and most high-profile cases to come before the courts in recent years, including Tatneft v Bogolyubov, PCP v Barclays, BTA v Ablyazov, Berezovsky v Hine, and Dar Al Arkan v Al Refai. His workload in 2024 includes BTI 2014 v PricewaterhouseCoopers, one of The Lawyer’s Top 20 cases; and Celestial Aviation Services v UniCredit, one of The Lawyer’s Top 10 appeals. James’s recent work as leader also includes:

WWRT Limited v Zhevago, a substantial fraud claim with a jurisdiction challenge involving issues of access to justice in Ukraine

CRO v REC, an important decision as to the meaning and effect of the legal expenses exception in the standard form freezing order.

East-West Logistics LLP v Melars Group Ltd, including appeals in the High Court and the Court of Appeal on the meaning of the concept of a company’s centre of main interests for insolvency purposes.

James is a contributing author to Civil Fraud: Law, Practice & Procedure, 1st Ed. (Sweet & Maxwell, 2018). He also writes regularly for the Butterworths Journal of International Banking & Financial Law.

 

What Others Say

Chambers & Partners UK Bar 2024 and Global 2024, Chancery Commercial:

“James is a very gifted barrister, who really rolls his sleeves up and gets stuck in. He thinks outside the box and is a very effective lawyer.”

“An in demand senior junior, who’s thoughtful and authoritative.”

“A very calm and unflappable performer, who has excellent drafting skills.”

Chambers & Partners UK Bar 2024 and Global 2024, Fraud: Civil:

“James is so bright, knowledgeable and has real gravitas.”

“James is responsive, user-friendly and excellent on his feet.”

“He is unbelievably bright and a total delight to work with. A superstar.”

Chambers & Partners UK Bar 2024 and Global 2024, Commercial Dispute Resolution:

“James Sheehan is extremely intelligent as well as being very diplomatic and great with people.”

“James is a very impressive barrister who is completely on top of the law and facts.”

“Great, especially for jurisdiction challenges. He is very friendly and displays excellent attention to detail.”

Chambers & Partners UK Bar 2024 and Global 2024, Banking & Finance:

“James has been a pleasure to work with, very responsive and commercial.”

“James is a super smart lawyer, really rolls his sleeves up and gets stuck in.”

“He was brilliant, he does such a good job and he is easy to work with.”

Legal 500 UK Bar 2024, Banking & Finance:

James is silk material.”

Legal 500 UK Bar 2024, Company:

“James is very user-friendly and responsive, his written work is terrific, and his knowledge of conspiracy law in particular is encyclopaedic.”

Chambers & Partners UK Bar 2023 and Global 2023, Chancery Commercial:

“Very good in front of the court and excellent at meeting deadlines.”

Chambers & Partners UK Bar 2023 and Global 2023, Fraud: Civil:

“James is an extremely personable and charming advocate.”

“James is somebody who has extraordinary clarity of thinking. He can create order where there is chaos and provide valuable insight.”

“James is a great barrister with real intellect.”

Chambers & Partners UK Bar 2023 and Global 2023, Commercial Dispute Resolution:

“He is user friendly, extremely clever and someone who considers everything very carefully.”

“An incredibly impressive, bright barrister.”

Chambers & Partners UK Bar 2023 and Global 2023, Banking & Finance:

“He does a phenomenally good job and I am impressed with his legal analysis of novel issues, but also his factual analysis. His advocacy is high quality and he is a pleasure to work with.”

Legal 500 UK Bar 2023, Banking & Finance:

“James is wise beyond his years. He has already developed excellent judgement, and is more than equal to many of the KCs in his area. His advocacy is first class – he can hold his own against a phalanx of Silks. He already has the ability of appearing trustworthy, credible and plausible to the bench.”

Legal 500 UK Bar 2023, Commercial Litigation:

“James has all the gravitas, experience, and sound judgement of a silk, but is immersed in the detail throughout the case and always available. His abilities consistently astound: send him a long document and he’ll have read it, digested it, and reverted with incisive comments before you have got to page 10.”

Legal 500 UK Bar 2023, Company and Partnership:

“He is seriously clever but doesn’t let that get in the way of planning a good commercial strategy through to the right solution.”

Legal 500 UK Bar 2023, Fraud: Civil:

“Terrific on the law and on the facts and shows excellent judgment, as well as being a good advocate. He has made himself a first choice senior junior for fraud cases.”

Chambers & Partners UK Bar 2022 and Global 2022, Commercial Dispute Resolution:

“Hard-working, incredibly accurate and someone who tends to run circles around opponents of a similar level of call. He is just a charming and personable junior. On his feet his personality shines through.”

Chambers & Partners UK Bar 2022, Fraud: Civil:

“He’s quick on the key issues, really clever, has good judgement and is sensitive when working with clients.”

“A very safe pair of hands with an excellent client manner.”

Chambers & Partners UK Bar 2022 and Global 2022, Chancery Commercial:

“Very well regarded and excellent to work with. He’s a good team player and is very bright and hard-working.”

Legal 500 UK Bar 2022, Commercial Litigation:

“He is a pleasure to work with – astute, hard-working, highly experienced and has a can-do attitude. He has a calm, considered but punchy advocacy style which holds up well to silks many years his senior.”

Legal 500 UK Bar 2022, Banking & Finance:

Outstanding. He is calm and measured, but well able to fight his corner, including when there are multiple senior barristers on the other side of the court room.

Legal 500 UK Bar 2022, Fraud: Civil:

A real brain box who co-edited one of the leading books on fraud.

Legal 500 UK Bar 2022, Company and Partnership

Chambers & Partners UK Bar 2021, Commercial Dispute Resolution:

“He’s absolutely brilliant, a pleasure to work with and someone who gets right to the crux of the legal issue.”

“He is user-friendly, responsive and sharp-witted.”

Chambers & Partners UK Bar 2021, Fraud: Civil:

“He is very bright, hard-working, has good insight and is good on his feet.”

“A very switched-on advocate.”

“He is briefed above the level of his call.”

Chambers & Partners UK Bar 2021, Chancery Commercial:

“An absolutely super junior – he is very, very clever. He has a great manner with clients.”

Legal 500 UK Bar 2021, Commercial Litigation:

An excellent drafter, his written work is a joy to read

Legal 500 UK Bar 2021, Fraud: Civil:

His written work is excellent; he is very thorough; he leaves no stone unturned

Legal 500 UK Bar 2021, Banking & Finance:

“Never afraid to roll up his sleeves and be fully immersed in a case, he is hard working, ferociously bright and has excellent judgement.”

Legal 500 UK Bar 2021, Company & Partnership:

“He is an outstanding junior.”

Chambers & Partners UK Bar 2020, Commercial Dispute Resolution:

Has incredible mastery of the law. He’s extremely good to work with, he’s interactive, he’s down to earth and he’s hugely reliable.

His style is really fantastic, and he prepares extremely well.”

Chambers & Partners UK Bar 2020, Chancery Commercial:

He is really excellent. His written work is fantastic and very clear. He understands where the clients are coming from and shapes the strategy accordingly. He’s terrific.

Chambers & Partners UK Bar 2020, Fraud: Civil:

He’s a great litigator who’s very calm under pressure.

A real team player and a great choice for large, complicated cases.

Examples of Recent Cases

BTI 2014 LLC v PricewaterhouseCoopers: substantial professional negligence claim alleging breaches of duty by a company’s auditors, which on the claimant’s case resulted in the company wrongfully paying out dividends totalling nearly €600 million. One of The Lawyer’s Top 20 cases for 2024.

WWRT v Zhevago: jurisdiction challenge in respect of £60 million fraud claim, involving issues of interpretation and application of the tort gateway for service out and the functioning of the Ukrainian justice system during wartime.

Madison Pacific Trust v Groza: freezing order proceedings in support of a US$120 million claim in arbitration against the owners of a major Ukrainian grain export company.

Celestial Aviation Services v UniCredit: dispute concerning the effect of sanctions imposed by the UK, EU and US against Russia on the enforceability of a confirming bank’s obligation to make payment to the beneficiary of a letter of credit. One of The Lawyer’s Top 10 appeals for 2024.

CRO v REC: an important decision as to the meaning and effect of the legal expenses exception in the standard form freezing order.

East-West Logistics v Melars Group: appeals in the Chancery Division and Court of Appeal on the proper interpretation and application of the concept of a company’s centre of main interests for the purposes of the EU insolvency regulation.

Abu Dhabi Commercial Bank v Shetty: US$1 billion claim alleging a conspiracy to defraud a UAE bank into advancing loan facilities by misrepresenting the financial position of NMC Health plc, a major healthcare company which suffered a widely-reported collapse in early 2020. A jurisdiction challenge was upheld in April 2022.

PJSC Bank Finance & Credit v Zhevago: US$580 million fraud claim alleging that a Ukrainian bank was procured to enter into a series of sham transactions. A jurisdiction challenge was upheld in September 2021: [2021] EWHC 2522 (Ch).

Navigator Equities v Deripaska: proceedings for contempt of court in a US$100 million dispute between two Russian businessman, alleging a breach of an undertaking to preserve shares for potential enforcement of an arbitration award.

Tatneft v Bogolyubov: US$300 million fraud claim in the Commercial Court by a Russian oil company against four Ukrainian businessmen. Claim governed by Russian law, tried remotely over 11 weeks in October-December 2020. The proceedings also involved a number of disputes over the scope and extent of freezing orders and their associated disclosure obligations (see e.g. [2018] 1 WLR 5705).

PCP v Barclays: acted for the claimants on various aspects of this The Lawyer Top 20 case, seeking in excess of £1 billion in damages against Barclays bank arising out of its £7 billion capital raising exercise in October 2008. Involved an important decision on the test for waiver of privilege: [2020] Lloyd’s Rep FC 460.

Crypton v Blockchain: US$40 million claim in the Chancery Division involving an alleged unlawful means conspiracy and related claims arising out of a team move from a start-up cryptocurrency trading company to its proposed acquirer. See [2021] EWHC 1172 (Ch); [2021] EWHC 3194 (Ch).

Publications

Civil Fraud: Law, Practice & Procedure”, 1st Ed. (2018), Sweet & Maxwell.

Russian sanctions in the English courts (2023) 8 JIBFL 543

Anticipating an FX spot trade: front running or just trading ahead? (2022) 2 JIBFL 74

Make-whole payments in English financial law: an insolvency perspective (2019) 6 JIBFL 374

Legal issues arising from the use of automated FX trading platforms (2018) 3 JIBFL 139

Arbitration & related court applications

James is regularly instructed in arbitration claims and related court applications. He has conducted cases under a wide range of arbitral rules, including LCIA, ICC, UNCITRAL, as well as the LMAA Terms and World Intellectual Property Organization (WIPO) rules.

Recent cases include:

Acting for the owners of a hotel consortium in a high-value shareholder dispute in LCIA arbitration and further arbitration proceedings for an account against directors and fiduciary agents.

US$150 million LCIA arbitration involving a dispute over the terms and operation of an alternative risk transfer insurance and reinsurance arrangement.

Madison Pacific Trust v Groza: LCIA arbitration in respect of a US$120 million guarantee claim against owners of a major Ukrainian grain export company. Involves freezing order proceedings in the Commercial Court in support of the claims in arbitration; see [2024] EWHC 267 (Comm).

Acting for potential applicants for an anti-suit injunction to prevent tort claims from being pursued in respect of loan notes in Cyprus and the US in breach of an arbitration agreement.

Acting for the claimant in an LCIA arbitration involving a breach of contract dispute arising out of a sponsorship agreement in relation to international sporting championships.

Acting for the defendant in an arbitration under World Intellectual Property Organization rules involving a dispute arising out of a sponsorship agreement for medical research.

ACP v Sacyr: acted for the defendant guarantors in a US$280 million claim by the Panama Canal Authority, which was the employer under a US$3 billion construction contract for the widening of the Panama canal. The claim involved a stay application under s.9 of the Arbitration Act 1996 and on case management grounds, in the context of parallel ICC arbitration proceedings concerning the same issues in the US ([2018] 1 All ER (Comm) 916).

Acted in an LCIA arbitration involving claims for breach of contract, fraudulent misrepresentation and restitution in respect of an agreement for the sale of forestry timber reserves in Russia.

Banking & financial services

Prior to taking silk, James was ranked in Tier 1 in banking and finance in Legal 500, and also as a leading junior in Chambers & Partners. He has been instructed in a number of high-profile banking disputes in recent years. His expertise encompasses a wide variety of issues arising in this area, including LMA facility agreements, letters of credit and demand guarantees, mortgage disputes, prime brokerage, hedge funds, derivatives, Islamic finance, and claims in relation to “vishing” scams and for recovery of mistaken bank payments (commercial and retail banking).

Recent cases include:

Celestial Aviation Services v UniCredit: dispute concerning the effect of sanctions imposed by the UK, EU and US against Russia on the enforceability of a confirming bank’s obligation to make payment to the beneficiary of a letter of credit. One of The Lawyer’s Top 10 appeals for 2024.

PCP v Barclays: acted for the claimants on various aspects of this The Lawyer Top 20 case, seeking in excess of £1 billion in damages against Barclays bank arising out of its £7 billion capital raising exercise in October 2008.

Madison Pacific v Groza: arbitration claim and related court proceedings in respect of disputed enforcement of guarantees to support US$120 million of lending by a US emerging markets credit specialist. See [2024] EWHC 267 (Comm).

Acting for the defendant to a claim for enforcement of an agreement relating to the management of credit unions and loan aggregation, involving issues as to scope of authorisation by the Prudential Regulation Authority.

Advising in respect of claims for alleged breaches of the Payment Services Regulations 2017 arising from the failed migration of accounts between banking platforms resulting in the making of unauthorised direct debit payments.

Abu Dhabi Commercial Bank v Shetty: acted for two defendants to a US$1 billion claim alleging a conspiracy to defraud a UAE bank into advancing loan facilities by misrepresenting the financial position of NMC Health plc, a major healthcare company which suffered a widely-reported collapse in early 2020. A jurisdiction challenge was upheld in April 2022: [2022] All ER (D) 78 (Apr).

Acting for two lenders in a dispute over repayment of loans totalling approx. £40 million to individual and corporate borrowers.

Liquidator of Stanford International Bank v HSBC: acted for the defendant bank resisting applications by the liquidator of its former corporate customer for disclosure in insolvency proceedings, as a precursor to claims against the bank in dishonest assistance and negligence arising out of the highly-publicised collapse of Stanford International Bank.

James writes regularly for the Journal of International Banking & Financial Law. Details of recent articles are shown in the Publications section.

Civil fraud & asset recovery

James is highly sought-after for civil fraud and asset tracing disputes. Prior to taking silk, he was recommended as a leading junior by each of Legal 500 (Tier 1), Chambers & Partners (Band 2), and Who’s Who Legal, which described him in 2017 as “One of the most rapidly rising stars in this field” and a “future leader at the Bar.” Who’s Who Legal regularly ranked James as one of two or three most highly regarded juniors at the Bar in this field, describing him as an “absolute megastar”, and listed him among a small pool of “rising stars” at the junior bar under 15 years’ call. Before his appointment as King’s Counsel he was described as a “go-to junior who has participated in a number of landmark fraud cases and is particularly knowledgeable about freezing orders” (Chambers UK 2024).

James has acted in a number of major disputes in this area (including the seminal and long-running Ablyazov litigation), in particular those involving Russia, Ukraine and the CIS as well as the Middle East. He is experienced across the whole range of issues which arise in fraud cases, such as freezing orders, pre- and post-judgment receivers, Norwich Pharmacal and other disclosure orders in the asset-tracing context, and committal applications.

James is a contributing author to Civil Fraud: Law, Practice & Procedure, Sweet & Maxwell (2018, first supplement 2022).

Recent cases include:

WWRT v Zhevago: £60 million fraud claim, stayed following a jurisdiction challenge, involving issues of interpretation and application of the tort gateway for service out and the functioning of the Ukrainian justice system during wartime.

Madison Pacific Trust v Groza: freezing order proceedings in support of a US$120 million claim in arbitration against the owners of a major Ukrainian grain export company.

Commercial Bank of Dubai v Al Sari: acted for the defendants to a claim in fraud brought in the Commercial Court by a UAE-based bank alleging deceit, conspiracy and seeking to set aside transactions under s.423 of the Insolvency Act 1986.

CRO v REC: an important decision as to the meaning and effect of the legal expenses exception in the standard form freezing order.

Acting in proceedings in the Cayman Islands for a limited partner in an offshore investment fund in relation to claims for conspiracy and breach of fiduciary duty arising out of the sale of fund assets.

Navigator Equities v Deripaska: proceedings for contempt of court in a US$100 million dispute between two Russian businessman, alleging a breach of an undertaking to preserve shares for potential enforcement of an arbitration award. See e.g. [2023] EWHC 457 (Comm), [2022] EWHC 374 (Comm).

Crypton v Blockchain: US$40 million claim in the Chancery Division involving an alleged unlawful means conspiracy and related claims arising out of a team move from a start-up cryptocurrency trading company to its proposed acquirer. See [2021] EWHC 1172 (Ch); [2021] EWHC 3194 (Ch).

Abu Dhabi Commercial Bank v Shetty: US$1 billion Commercial Court claim alleging a conspiracy to defraud a UAE bank into advancing loan facilities by misrepresenting the financial position of NMC Health plc, a major healthcare company which suffered a widely-reported collapse in early 2020. A jurisdiction challenge brought by these and other defendants was upheld in April 2022: [2022] All ER (D) 78 (Apr).

PJSC Bank Finance & Credit v Zhevago: US$580 million fraud claim in the Financial List alleging that a Ukrainian bank was procured to enter into a series of sham transactions. A jurisdiction challenge was upheld in September 2021: [2021] EWHC 2522 (Ch).

Tatneft v Bogolyubov: US$300 million fraud claim in the Commercial Court against four Ukrainian oligarchs, involving allegations that monies owed for the supply of oil to a Ukrainian refinery were fraudulently diverted. Tried remotely over 11 weeks in October-December 2020. The proceedings also involved a number of disputes over the scope and extent of freezing orders and their associated disclosure obligations (see e.g. [2018] 1 WLR 5705).

PCP v Barclays: acted for the claimants on various aspects of this The Lawyer Top 20 case, seeking in excess of £1 billion in damages for fraudulent misrepresentation against Barclays bank arising out of its £7 billion capital raising exercise in October 2008.

Simetra v Ikon: acted for the defendant financial services firms and individuals in accessory claims arising out of an alleged fraud involving FX trading in Greece and London and the alleged misappropriation of hundreds of millions of dollars. The claim was dismissed after 3-week trial in 2018 ([2018] EWHC 2624 (Comm)) and led to an important decision of the Court of Appeal on a judge’s duty to give reasons: [2019] 4 WLR 112.

Commercial chancery disputes

For a decade prior to taking silk in 2024, James was consistently ranked as a leading junior for commercial chancery disputes by Chambers & Partners (UK and Global): most recently he is described as a “very gifted barrister, who really rolls his sleeves up and gets stuck in” and a “very calm and unflappable performer” (2024).

James’s experience of commercial chancery disputes encompasses company and partnership law disputes in litigation and arbitration, and shareholder disputes in both contexts, as well as domestic and cross-border insolvency (including recognition of foreign insolvencies and applications by office-holders for disclosure and information), and breach of confidence and intellectual property disputes. He also has experience of matters of trusts and property law.

Recent cases include:

BTI 2014 LLC v PricewaterhouseCoopers: acting for the claimant in a substantial

professional negligence claim in the Chancery Division against PwC alleging breaches of duty in relation to the auditing of company accounts, which on the claimant’s case resulted in the company wrongfully paying out dividends totalling nearly €600 million. One of The Lawyer’s Top 20 cases for 2024.

East-West Logistics LLP v Melars Group Ltd: dispute over the winding-up in England of a Maltese (formerly BVI) company, involving appeals in the Chancery Division and Court of Appeal on the proper interpretation and application of the concept of a company’s centre of main interests for the purposes of the EU insolvency regulation.

Claims in LCIA arbitration for an account against agents and fiduciaries arising out of the operation and management of a substantial hotel business.

Acting in proceedings in the Cayman Islands for a limited partner in an offshore investment fund in relation to claims for conspiracy and breach of fiduciary duty arising out of the sale of fund assets.

Credit Suisse London Nominees Ltd v Principal Investing Fund Ltd: a series of related just and equitable winding-up petitions in respect of Cayman Islands investment funds, on the grounds of loss of confidence in the management by reason of lack of probity. 6-week trial in April and May 2023.

Crypton v Blockchain: claim in the Chancery Division involving an alleged unlawful means conspiracy and related claims, including infringement of copyright and breach of confidence, arising out of a team move from a start-up cryptocurrency trading platform developer to its proposed acquirer. See [2021] EWHC 1172 (Ch); [2021] EWHC 3194 (Ch).

Acted for the defendant in offshore proceedings alleging breach of confidence and patent infringement in relation to the design of equipment for the storage and transportation of raw materials across the Russian rail network.

Commercial dispute resolution

Before taking silk, James was recommended as a leading junior for commercial dispute resolution by both Legal 500 (Tier 1) and Chambers & Partners (Band 2). He is most recently described as “extremely intelligent as well as being very diplomatic and great with people”, and “a very impressive barrister who is completely on top of the law and facts” (Chambers UK and Chambers Global, 2024). His experience stretches across commercial litigation and arbitration of all kinds.

Recent cases include:

Celestial Aviation Services v UniCredit: dispute in the Commercial Court and Court of Appeal concerning the effect of sanctions imposed by the UK, EU and US against Russia on the enforceability of a confirming bank’s obligation to make payment to the beneficiary of a letter of credit. One of The Lawyer’s Top 10 appeals for 2024.

Madison Pacific v Groza: arbitration claim and related Commercial Court proceedings in respect of disputed enforcement of guarantees to support US$120 million of lending by a US emerging markets credit specialist. See [2024] EWHC 267 (Comm).

WWRT v Zhevago [2024] EWHC 122 (Comm): jurisdiction challenge in respect of £60 million Commercial Court fraud claim, involving issues of interpretation and application of the tort gateway for service out and the functioning of the Ukrainian justice system during wartime.

Acting for the defendant to a Commercial Court claim for enforcement of an agreement relating to the management of credit unions and loan aggregation, involving regulatory issues.

PJSC Bank Finance & Credit v Zhevago: US$580 million fraud claim alleging that a Ukrainian bank was procured to enter into a series of sham transactions. A jurisdiction challenge was upheld in September 2021: [2021] EWHC 2522 (Ch).

Tatneft v Bogolyubov: major Commercial Court claim seeking the recovery of US$300 million in misappropriated payments, which involved an 11-week remote trial in late 2020.

PCP v Barclays: acted for the claimants on various aspects of this The Lawyer Top 20 case, seeking in excess of £1 billion in damages against Barclays bank arising out of its £7 billion capital raising exercise in October 2008. Involved an important decision on the test for waiver of privilege: [2020] Lloyd’s Rep FC 460.

Company & Insolvency Law

Prior to taking silk in 2024, James was recommended by Legal 500 as a leading junior for company and partnership disputes, where he was described recently as “very user-friendly and responsive” with “terrific” written work and “encyclopedic” legal knowledge; and as “seriously clever”.

He acts in all types of company law disputes, including shareholder disputes, claims by and against directors, unfair prejudice proceedings and derivative claims. James also has widespread experience of corporate insolvency, both domestic and cross-border, including compulsory and voluntary liquidation, recognition of foreign proceedings and applications by and against office-holders within insolvency proceedings.

Recent cases involving company and partnership issues include:

Cowan v Equis Special LP: long-running claims in the Cayman Islands in respect of investments in private equity funds operating through limited partnerships, focused on renewable energy projects in Asia and the Far East.

Credit Suisse London Nominees Ltd v Principal Investing Fund Ltd: a series of related just and equitable winding-up petitions in respect of Cayman investment funds, on the grounds of loss of confidence in the management by reason of lack of probity. 6-week trial in April and May 2023.

BTI 2014 LLC v PricewaterhouseCoopers: acting for the claimant in a substantial professional negligence claim against PwC alleging breaches of duty in relation to the auditing of company accounts, which on the claimant’s case resulted in the company wrongfully paying out dividends totalling nearly €600 million. One of The Lawyer’s Top 20 cases for 2024.

Acting for the respondent to a potential unfair prejudice petition alleging dishonest assistance in breaches of fiduciary duty by the management of a substantial telecoms business.

PCP v Barclays: acted for the claimants on various aspects of this The Lawyer Top 20 case, seeking in excess of £1 billion in damages against Barclays bank arising out of its £7 billion capital raising exercise in October 2008. Involved issues over the regulation of commission payments for share subscriptions and financial assistance for the acquisition of a company’s own shares under the Companies Acts.

Recent cases involving insolvency issues include:

East-West Logistics LLP v Melars Group Ltd: dispute over the winding-up in England of a Maltese (formerly BVI) company, involving appeals in the Chancery Division and Court of Appeal on the proper interpretation and application of the concept of a company’s centre of main interests for the purposes of the EU insolvency regulation.

Credit Suisse London Nominees Ltd v Principal Investing Fund Ltd: a series of related just and equitable winding-up petitions in respect of Cayman investment funds, on the grounds of loss of confidence in the management by reason of lack of probity. 6-week trial in April and May 2023.

Sberbank v Byakov: bankruptcy petition brought by a Russian bank against a businessman borrower based on £40 million personal guarantees.

Advising on the recognition in England & Wales of UAE restructuring proceedings in the context of personal insolvency.

Conflict of laws & private international law

James’s practice is focused primarily on international cases which come before the High Court in England and the majority of his cases involve issues of conflicts of law, the application of foreign law and/or jurisdiction. He regularly advises and acts in cases raising issues as to the establishment of jurisdiction here, and on jurisdiction challenges. He frequently works with foreign law experts and is experienced in their cross-examination. James also has experience of both outgoing and incoming letters of request to obtain evidence for civil proceedings and the examination of witnesses in that context.

Recent examples in the jurisdiction context include:

WWRT v Zhevago: jurisdiction challenge in respect of £60 million fraud claim, involving issues of interpretation and application of the tort gateway for service out and the functioning of the Ukrainian justice system during wartime.

Commercial Bank of Dubai v Al Sari: jurisdiction challenge in respect of a claim in fraud brought in the Commercial Court by a UAE-based bank alleging deceit, conspiracy and seeking to set aside transactions under s.423 of the Insolvency Act 1986.

Abu Dhabi Commercial Bank v Shetty: jurisdiction challenge in respect of a US$1 billion claim alleging a conspiracy to defraud a UAE bank into advancing loan facilities by misrepresenting the financial position of NMC Health plc, a major healthcare company which suffered a widely-reported collapse in early 2020.

PJSC Bank Finance & Credit v Zhevago: acted for several defendants to a US$580 million fraud claim alleging that a Ukrainian bank was procured to enter into a series of sham transactions. A jurisdiction challenge was upheld in September 2021: [2021] EWHC 2522 (Ch).

East-West Logistics LLP v Melars Group Ltd: appeals in the Chancery Division and Court of Appeal against the imposition of a winding-up order on a company which was incorporated in the British Virgin Islands and re-registered in Malta, on the basis that the statutory presumption that its centre of main interests was in the place of its registered office had not been rebutted and thus the English court’s insolvency jurisdiction was not engaged.

Recent examples in the conflicts of law context include:

WWRT v Zhevago (see above): involved a number of disputed issues of Ukrainian law, including the scope of the “general tort” liability under Article 1166 of the Ukrainian Civil Code, principles of limitation, and contractual construction and the assignment of claims.

BTI 2014 LLC v PricewaterhouseCoopers: professional negligence claim against auditors involving issues of US environmental law, in particular as to the allocation and apportionment of liability for clean-up of “superfund” sites.

Abu Dhabi Commercial Bank v Shetty (see above). Dispute as to whether the applicable law was English or UAE law.

Commercial Bank of Dubai v Al Sari (see above). Dispute as to whether the applicable law was English or UAE law.

Jurisdiction challenge involving issues as to the legality of service by email under Swiss law.

Arbitration involving issues of Swiss and UAE law as to the authority of disputed representatives of a company to act on its behalf.

Tatneft v Bogolyubov: US$300 million fraud claim under Article 1064 of the Russian Civil Code, also involving a number of complex issues of Ukrainian law and the rules surrounding recognition of conflicting foreign judgments.

Energy & natural resources

Cowan v Equis Special LP: long-running claims in the Cayman Islands in respect of investments into private equity funds operating as limited partnerships, focused on renewable energy projects in Asia and the Far East.

LCIA arbitration involving claims for breach of contract, fraudulent misrepresentation and restitution in respect of an agreement for the sale of forestry timber reserves in Russia.

Arbitral disputes over payments made under agreements for the transfer and storage of natural gas reserves.

Altergeotechnologies v ArcelorMittal: US$30 million Commercial Court claim against a multinational steel and mining conglomerate in respect of the non-performance and termination of a contract for the supply of iron ore mining products.

Acted for an energy consultancy business in a dispute over payment for services provided in a gas pricing dispute between Turkish gas importers and a Russian state gas supplier.

Acted in an ICC arbitration in a dispute over alleged contractual repudiation causing disruption to the activities of a gold mine in Guinea, West Africa.

Med Mining and Minerals Limited v Nusantara: Commercial Court trial relating to the activities of a mining company in the Far East.

Offshore litigation

Credit Suisse London Nominees Ltd v Principal Investing Fund Ltd: a series of related just and equitable winding-up petitions in respect of Cayman Islands investment funds, on the grounds of loss of confidence in the management by reason of lack of probity. 6-week trial in April and May 2023.

Cowan v Equis Special LP: long-running claims in the Cayman Islands in respect of investments into private equity funds operating as limited partnerships, focused on renewable energy projects in Asia and the Far East.

Acted for the defendant in proceedings in Jersey alleging breach of confidence and patent infringement in relation to the design of equipment for the storage and transportation of raw materials across the Russian rail network.

Unjust enrichment & restitution claims

PJSC Bank Finance & Credit v Zhevago: US$580 million fraud claim alleging that a Ukrainian bank was procured to enter into a series of sham transactions, bringing claims in unjust enrichment among others. See [2021] EWHC 2522 (Ch).

Arbitral dispute involving a restitutionary claim for over US$150 million arising out of the alleged wrongful retention of premiums by an insurer under an alternative risk transfer arrangement.

Unjust enrichment claims in respect of agreements for the transfer and storage of natural gas reserves.

Brecon v Beckwith-Smith: claim in the Chancery Division seeking repayment of monies alleged to be due under a loan agreement and making claims in restitution.

Acted for an energy consultancy business in a dispute over payment for services provided in a gas pricing dispute between Turkish gas importers and a Russian state gas supplier, involving restitutionary claims arising out of the discharge by the claimant of the defendant’s debt to a third party.

LCIA arbitration involving a restitutionary claim for the recovery of a deposit paid in advance of the sale of timber reserves in Russia.

Career

2008 Call, Middle Temple

Education

2007 – 2008 BVC, Inns of Court School of Law (Outstanding, 2nd in year)

2005 – 2006 Graduate Diploma in Law (Commendation)

2001 – 2005 BA, St Catharine’s College Cambridge, Modern and Medieval Languages (French and German) (Starred first, 1st in year)

Awards

2008 Baron Dr Ver Heyden de Lancey Prize, Middle Temple

2008 Scarman Scholarship, Inns of Court School of Law (for 2nd highest results on the BVC)

2007 Queen Mother Scholarship, Middle Temple

2005 Mrs Claude Bennington Prize, Cambridge University, for highest result in university in Modern Medieval Languages

2005 Tasker Prize, St. Catharine’s College Cambridge, for outstanding merit in Modern and Medieval Languages

2005 St. Catharine’s College Cambridge Book Prize

2002, 2003 Kurt Hahn Prize, Cambridge University, for highest marks in university in German in Tripos Part 1A (2002) and Part IB (2003)