Professional practice

C&P 2024Leading Junior 2024

James is “considered one of the leading barristers in banking and finance, commercial litigation, international arbitration, offshore and commercial chancery cases working in London today” (Chambers and Partners, 2021).  He is known for combining strong analytical skills and judgment (“an outstanding intellect.  He is very, very clever…”, “an incredible legal mind, he’s a fantastic writer”, “the cleverest member of the Bar solicitors know”, “perfect judgment… can think around corners”) with powerful advocacy (“utterly brilliant and commands the respect of the court”, “unbelievably effective in court”, “outshone a courtroom full of illustrious silks by his brilliance”, “an absolute superstar who is spectacular on his feet”).

His broad practice extends across the full range of commercial disputes, both in court and arbitration.  He is ranked in six fields in the legal directories: banking and finance, chancery commercial, civil fraud, commercial dispute resolution, international arbitration and offshore.  He holds tier 2 rankings in both commercial dispute resolution and fraud (Chambers and Partners, 2023).  James is equally at home in court or arbitration.  His cases frequently involve jurisdictional disputes, interim injunctions and cross-examination on complex or technical issues.

James is currently acting in some of the largest disputes before the courts, including FDIC v Barclays Bank (defending Barclays Bank against claims by a US government agency relating to alleged anti-competitive “lowballing” of USD LIBOR) and JSC Commercial Bank PrivatBank v Kolomoisky (pursuing claims in excess of US$4 billion relating to a fraudulent lending scheme allegedly orchestrated by the bank’s former owners).

Prior to taking silk, James was the only junior identified by Chambers & Partners as one of its handful of “Stars at the Bar” who have proved their excellence across a range of practice areas.  He had also been awarded “Junior of the Year” in three fields: Banking (Chambers Bar Awards, 2020), Commercial Litigation (Legal 500, 2017) and International Arbitration (Chambers Bar Awards, 2016).  He also appeared in The Lawyer’s “Hot 100”, which described him as “one of the big names at the bar in civil fraud and banking and finance litigation”.

James is also frequently instructed in connection with litigation abroad. He has appeared in the BVI Commercial Court and the Eastern Caribbean Court of Appeal, and has been admitted ad hoc and appeared in both the Isle of Man and the Cayman Islands.  James was also a member of the Attorney General’s “A Panel” for civil counsel until his appointment as silk.

 

What others say

James is recommended in six fields across Chambers and Partners and the Legal 500: Banking and Finance, Civil Fraud, Chancery Commercial, Commercial Dispute Resolution, International Arbitration, Offshore.

He holds tier 2 rankings from Chambers and Partners in Commercial Dispute Resolution and Fraud.

Comments in the 2024 editions of the directories include:

  • “James is an outstanding intellect.  He is very, very clever, incredibly user-friendly and responsive and a charming individual to work with”,
  • “He’s exceptional; always someone that’s fantastic”,
  • “James is utterly brilliant and commands the respect of the court.  He is a complete star”,
  • “He has an incredible legal mind, he’s a fantastic writer and he’s unbelievably effective in court

Prior to taking silk, James was the sole junior identified by Chambers and Partners as one of its handful of “Stars at the Bar” who have proved their excellence across a range of practice areas.  He won “Banking Junior of the Year” at the Chambers UK Bar Awards 2020, having previously been named Legal 500’s Commercial Litigation Junior of the Year in 2017 and “International Arbitration Junior of the Year” at the Chambers UK Bar Awards 2016.

James has also been one of The Lawyer’s “Hot 100”, described as “one of the big names at the bar in civil fraud and banking and finance litigation”.

Examples of recent cases

Examples of recent cases, which are typical of James’ practice, include:

  • FDIC v Barclays Bank: James is acting (with Adrian Beltrami KC) for Barclays Bank in Financial List proceedings brought by the FDIC, a US federal government agency, against leading European banks and the British Bankers’ Association.  The FDIC claims substantial damages for alleged LIBOR “lowballing”, alleging claims under EC competition law and for fraudulent misrepresentation.
  • Arbitration relating to alleged market manipulation: James is acting (leading Catherine Jung and Joshua Crow) in a dispute worth around £¼ billion in which he defends a multinational company from allegations of market manipulation in the commodities market.
  • PrivatBank v Kolomoisky: James is acting (as part of a large team) for PrivatBank in pursuing its claims worth over US$4 billion relating to a fraudulent lending scheme allegedly orchestrated by the bank’s former owners.
  • GPGC Ltd v Republic of Ghana: James is acting (as team leader) for GPGC in enforcing its arbitral award against the Republic of Ghana, successfully opposing Ghana’s attempt to rely on s. 12 of the State Immunity Act to resist enforcement.
  • Federal Republic of Nigeria v Royal Dutch Shell Plc: James acted (with Lord Goldsmith KC) for Shell and its subsidiaries in securing the dismissal of claims worth over US$3.5 billion relating to a Nigerian oil prospecting licence.
  • Bourlakova v Bourlakov: James acted (as team leader) for the lead group of defendants in Chancery Division proceedings arising out of multi-jurisdictional disputes over the ownership of assets worth US$ billions.
  • Akhmedova v Akhmedov: James acted for Mrs Akhmedova in her widely publicised efforts to enforce a judgment for over £450 million, in which he obtained various orders to break through Liechtenstein asset protection trusts and a groundbreaking decision under s. 423 to unwind transactions in fraud of creditors.
Commercial dispute resolution

James is an experienced and highly regarded litigator, who is ranked by Chambers & Partners amongst the top silks in England (tier 2). He acts and advises in connection with a wide range of commercial disputes, across the full range of industries and sectors.  He appears regularly both in the Commercial Court and before arbitral tribunals.  He now most frequently appears as a team leader or sole advocate, but on occasions as a member of a larger team in particularly substantial disputes.

James is ranked by both Chambers & Partners and Legal 500.  He is identified as “an incredible legal mind… a fantastic writer and… unbelievably effective in court”.

In recent years, James’ instructions have included by way of example:

  • FDIC v Barclays Bank: acting (with Adrian Beltrami KC) for Barclays Bank in ongoing Financial List proceedings brought by the FDIC, a US federal government agency, against leading European banks and the British Bankers’ Association.  FDIC seeks substantial damages for alleged LIBOR “lowballing”, bringing claims under EC competition law and for fraudulent misrepresentation.
  • Confidential arbitration: acting for a major commodities producer in pursuing claims for several hundred million Euros following an M&A transaction, involving allegations of market abuse.
  • GPGC Ltd v Republic of Ghana [2023] EWHC 2531 (Comm): acting (as team leader) for GPGC, an entity majority-owned by Trafigura, in enforcement proceedings against the Republic of Ghana. James successfully opposed Ghana’s attempt to rely on s. 12 of the State Immunity Act to resist measures of enforcement.
  • EnQuest Heather Ltd v BP Exploration Operating Oil Company Ltd: acting (alone) for BP in defending Commercial Court proceedings relating to the operation of an oil and gas facility in the Shetland Islands.
  • National Bank Trust v Yurov [2020] EWHC 100 (Comm): acted (alone) for one of the three former directors of National Bank Trust, one of Russia’s largest retail banks, defending claims valued at over US$1 billion for the allegedly dishonest management of the bank. The claim was heard at a nine week Commercial Court trial in late 2018.
  • VTB Commodities Trading DAC v Sberbank [2021] EWHC 1758 (Comm): James successfully acted for Sberbank (with Lord Goldsmith KC) in challenging the jurisdiction of the court to hear a claim for over US$300 million brought by a subsidiary of VTB Bank.
  • Apache North Sea Limited v INEOS FPS Limited [2020] EWHC 2081 (Comm): James acted (with Sonia Tolaney KC) for INEOS in respect of Commercial Court claims relating to the terms for access to critical North Sea oil infrastructure, giving rise to novel issues relating to when consent could be ‘not unreasonably withheld’.
  • Guralp Systems Ltd v Dr Guralp: acted for private equity-backed companies in pursuing substantial claims in the Commercial Court against a former director in respect of the alleged payment of bribes to a foreign public official to obtain public-sector business, which were the subject of parallel criminal proceedings by the Serious Fraud Office.
  • Yukos International v Merinson [2020] QB 336: acted (leading Stephen Donnelly) in Yukos’ claim against a former employee to rescind a settlement agreement and to recover damages caused by Mr Merinson allegedly placing business with financial institutions as a result of kick-backs. James successfully defeated a jurisdiction challenge brought by Mr Merinson in reliance on an exclusive Dutch jurisdiction clause, both at first instance and in the Court of Appeal, based on novel arguments under the Brussels (Recast) Regulation.
  • ACON Equity Management LLC v Apple Bidco Ltd [2019] EWHC 2750 (Comm): acted for the successful claimant, a private equity investor, in proceedings to recover conditional payments following its exit from a consortium of investors in a power generation business.
  • Trafigura v Republic of South Sudan and Bank of South Sudan: acted for Trafigura in Commercial Court proceedings to recover substantial sums due under financing arrangements with the Republic of South Sudan and guarantees issued by its central bank in respect of oil transactions.  James successfully secured summary judgment on all of Trafigura’s claims.
  • Barclays Bank v Unicredit: acted (with Joe Smouha KC) for Barclays Bank in resisting Unicredit’s substantial Commercial Court claim for breach of warranty arising under a complex structured investment.  The case settled during trial, after UniCredit abandoned a significant part of its case following the exchange of skeleton arguments.
  • Dexia Crediop SPA v Provincia di Crotone: acted (alone) for an Italian investment bank in its successful Commercial Court claim to enforce high-value interest rate swaps against an Italian local authority, overcoming defences alleging lack of capacity under Italian law, illegality and fraudulent misrepresentation.

James also assists foreign lawyers in substantial overseas litigation, and has experience of acting in disputes before the Courts of the British Virgin Islands, the Cayman Islands, the Isle of Man, and St Christopher and Nevis.  Further details are contained in the “Offshore Litigation” section below.

Arbitration & related court applications

James advises and acts, both alone and as junior counsel, in a wide range of arbitral proceedings including under a variety of rules (including LCIA, ICC, SIAC, HKIAC and CIETAC) and ad hoc.  He has acted in arbitrations under a range of foreign laws, including those of Bahrain, the BVI, the Cayman Islands, Hong Kong, the Isle of Man and Singapore.

James is ranked by both Chambers & Partners and Legal 500, having held a top-tier (band 1) ranking before taking silk and having been named International Arbitration Junior of the Year at the Chambers UK Bar Awards in 2016.  The directories describe James as “astonishingly clever, very hard-working, responsive and easy to work with” and “an extraordinary intellect”.

James’ instructions usually concern high-value, international disputes.  For example, James has recently acted:

  • for a multinational industrial group in pursuing claims for c. £250 million relating to an M&A transaction, involving allegations of market manipulation (LCIA);
  • for a commodities trader in defending high-value claims relating to alleged repudiation of contracts for the sale of Russian-origin coal following imposition of sanctions (LCIA);
  • for a global pharmaceutical company in resisting high-value claims relating to the development of a humanised monoclonal antibody therapy (ICC);
  • for a Cayman investment fund (with Tom Smith KC) relating to the ownership of two investments worth in excess of US$2 billion, giving rise to issues relating to regulation of foreign direct investment (HKIAC);
  • for the founders and sellers of a business in claims for consideration following the sale of their company to a NASDAQ-listed multinational group, which gave rise to difficult and important questions of the res judicata effect of national court decisions within the arbitral process and recoverability of third-party funding costs (SIAC); and
  • for Viktor Pinchuk (with Jonathan Crow KC and David Foxton QC) in a multi-hundred million US Dollar claim arising out of a Ukrainian ferroalloys business (LCIA).

James also has extensive experience of and a particular interest in court proceedings concerning arbitration including, in particular, anti-suit injunctions, enforcement and challenges to arbitration awardsRecent examples include:

  • GPGC Ltd v Republic of Ghana: acting (as team leader) for GPGC, an entity majority-owned by Trafigura, in enforcing its award against the Republic of Ghana.  Successfully opposed Ghana’s attempt to rely on s. 12 of the State Immunity Act to resist enforcement, [2023] EWHC 2531 (Comm).
  • Anti-suit injunction: acted (as team leader) for an oil major in successfully opposing an application by its joint venture partner for an anti-suit injunction to prevent the pursuit of Dutch Enterprise Chamber proceedings in favour of arbitration (CommCt).
  • BSG Resources Ltd v Vale SA: acted (with David Foxton QC) for Vale SA in successfully opposing challenges under ss. 24 and 68 to a US$1.5 billion LCIA arbitration award arising out of a mining joint venture in the Republic of Guinea.  James also acted (alone) in various enforcement-related proceedings, including Vale SA v Cramer [2020] EWHC 2021 (Comm).
  • IPCO Nigeria Ltd v NNPC: acted for the Nigerian state-owned oil company to resist enforcement of awards alleged to have been procured by fraud.  The case has generated a number of seminal decisions relating to enforcement under the New York Convention, including [2017] UKSC 16 (Supreme Court: whether enforcing court has power to require security as condition of opposing enforcement) and [2009] 1 Lloyd’s Rep 89 (Court of Appeal: partial enforcement of New York Convention awards).  The case settled at the beginning of an eight week trial of NNPC’s defences to enforcement.
  • P v Q, R, S and U [2017] 1 WLR 3800 and [2017] 1 WLR 3823: acted (with David Foxton QC) in opposing an application to remove two well-known commercial arbitrators.  The proceedings having given rise to two reported decisions of general importance concerning the circumstances in which the Court will order disclosure of the Tribunal’s deliberations and the appropriate use of tribunal secretaries.
  • A v B: acted (with David Foxton QC) on multiple s. 67 and s. 68 challenges relating to the validity of notices of arbitration referring disputes under multiple contracts and whether a party is obliged to raise an objection to jurisdiction prior to service of its Statement of Defence under the LCIA rules.
  • Yukos Capital v Rosneft [2014] 2 Lloyd’s Rep. 435: acted (with Gordon Pollock QC) in proceedings to enforce arbitral awards, in which James’ clients obtained a landmark decision holding that the English courts were able to enforce awards even if they had been set aside by the curial courts (the matter was settled before an appeal was heard by the Court of Appeal).

James is also regularly instructed in connection with proceedings for interim relief in connection with arbitration, including under s. 44 of the Arbitration Act 1996, for example Telenor East v Altimo Holdings (with Joe Smouha KC, against Mark Howard KC, seeking an interim injunction to restrain a US$6.5bn acquisition transaction), a confidential injunction (with Helen Davies KC, against Lord Grabiner KC, defending a mandatory injunction), Cruz City 1 Mauritius Holdings v Unitech Limited (discharge of freezing order on basis of absence of jurisdiction against non-parties to the arbitration), and Yukos Capital v Rosneft (with Gordon Pollock QC, obtaining freezing order against Russian state-owned oil major).

Civil fraud & asset recovery

James is recognised by Chambers & Partners as one of the leading silks (tier 2) litigating civil fraud disputes.  He is described as “utterly brilliant” and “a complete star”; he “commands the respect of the court”.  Prior to taking silk, Chambers & Partners identified him as one of only two juniors who qualified as “Star Individuals”.

James is also identified as a “Thought Leader” by Who’s Who Legal for asset recovery, where he is “highly rates for his ‘excellent’ handling of complex cross-border asset recovery disputes”.

James has been involved in many of the largest and most complex fraud disputes before the English courts.  Examples of recent instructions include:

  • acted for the lead group of defendants in Bourlakov v Bourlakova in a multi-jurisdictional dispute relating to the ownership of over US$1 billion of assets.  James acted as the lead advocate in a complex jurisdictional dispute now reported at [2022] 4 WLR 79;
  • instructed as sole counsel for the second defendant in PIFSS v Al-Rajaan, involving a claim by a Kuwaiti public institution for over US$800 million,
  • acting (as part of a large team) for the claimant Ukrainian bank in Privatbank v Kolomoisky, pursuing a claim for over US$4 billion arising out of an alleged fraudulent lending scheme by the former owners of a Ukrainian bank.  James led on issues relating to forensic accountancy and tracing of the proceeds of the fraud;
  • represented the claimant, Tatiana Akhmedova in Akhmedova v Akhmedov, in proceedings to enforce a £450 million divorce award. James appeared for Tatiana (leading Mark Belshaw) in her efforts to break through Liechtenstein asset protection trusts, giving rise to complex and novel issues relating to the limits of the extraterritorial powers exercised by the English courts and their ability to make orders for return of assets notwithstanding foreign criminal laws and judgments, as well as in an important application relating to the use of illegitimately obtained evidence [2020] 4 WLR 15.  James also appeared (with Alan Gourgey KC) in the three-week trial of claims in which Tatiana successfully applied to set aside various transactions in fraud of creditors [2021] 4 WLR 88 and in striking out a challenge to the claims based on allegedly champertous litigation financing [2020] Costs LR 901;
  • Federal Republic of Nigeria v Shell [2020] EWHC 1315 (Comm): James acted (with Lord Goldsmith KC) for Shell and its subsidiaries in securing the dismissal of claims worth over US$3.5 billion relating to allegations of corruption in connection with a Nigerian oil prospecting licence.

James has particular experience of disputes relating to the CIS, having acted (alone) for one of the three defendant directors in National Bank Trust v Yurov (claim for over US$1bn relating to the allegedly dishonest management of one of Russia’s largest retail banks, leading to a nine week trial), for Mr Boreh in Republic of Djibouti v Boreh (defending claims brought by the Republic of Djibouti alleging that benefits were obtained through abuse of public office), for Mr Ablyazov in JSC BTA Bank v Ablyazov (resisting claims of procuring fraudulent transactions worth over US$2bn), for the claimants in the Bitel litigation (a claim by Russia’s largest mobile telephone company for over US$800 million relating to the misappropriation of a Kyrgyz telecoms company through corrupt court proceedings, which settled during a 10 week trial) and for Mr Ermatov in Tajik Aluminium Plant v Ermatov (concerning the operations of an aluminium smelting plant in Tajikistan, which settled during a 14 week Commercial Court trial).

Other significant cases have included:

  • VTB Commodities Trading DAC v Sberbank [2021] EWHC 1758 (Comm): James acted for Sberbank in successfully challenging the jurisdiction of the court to hear a claim for over US$300 million brought by a subsidiary of VTB Bank, arising out of an alleged conspiracy to asset strip an oil refinery before its insolvency.
  • Guralp Systems Ltd v Dr Guralp: acted for companies in bringing substantial claims in the Commercial Court against a former director in respect of the alleged payment of bribes to a foreign public official to obtain public-sector business, which are the subject of parallel criminal prosecutions by the Serious Fraud Office.
  • IPCO Nigeria Ltd v NNPC: acted (with Jonathan Nash KC) for the Nigerian state-owned oil company to resist enforcement of arbitral awards alleged to have been procured by fraud. James will appear in the eight week Commercial Court trial of the allegations that IPCO systematically forged the documents relied upon in the arbitration and gave perjured evidence in support of its claims.
  • Arcadia Petroleum Ltd v Bosworth: James acted (with Graham Dunning KC) for one of the defendants in resisting claims brought by shipping magnate John Fredriksen’s Farahead Holdings group alleging that profits of c. US$200 million were fraudulently extracted from an oil trading business.

James has particular experience (both alone and as junior counsel) of applying for and resisting applications for interim relief, including both freezing orders and search orders. He has acted in many of leading cases concerning the limits of the freezing order jurisdiction, including acting for the successful parties in Yukos Capital v Rosneft [2010] EWHC 784 (Comm) (ambit of the Chabra jurisdiction), Linsen International v Humpuss Sea Transport [2011] 2 Lloyd’s Rep 663 and [2011] EWCA Civ 1042 (limits of the territorial jurisdiction to grant freezing orders against non-resident non-parties) and Cruz City 1 Mauritius Holdings v Unitech Limited [2014] 2 CLC 784 (power of court to grant freezing orders against non-parties in aid of arbitral proceedings), as well as Yukos CIS v Wincanton in the BVI Commercial Court and Eastern Caribbean Court of Appeal (availability of freezing orders in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA).

Banking & financial services

A significant part of James’ practice involves acting and advising in complex financial and banking litigation, predominantly for banks and other financial institutions.

James is recommended by Chambers & Partners and the Legal 500.  He is described as “an outstanding intellect.  He is very, very clever, incredibly user-friendly and responsive and a charming individual to work with”.

Before taking silk, James was awarded “Banking Junior of the Year” at the Chambers UK Bar Awards in 2020 and featured as one of The Lawyer’s “Hot 100”, which observed that he was “one of the big names at the bar in… banking and finance litigation”.

Recent instructions, which are illustrative of the high-value and complex nature of James’ practice, include:

  • FDIC v Barclays Bank: James is acting (with Adrian Beltrami KC) for Barclays Bank in Financial List proceedings brought by the FDIC, a US federal government agency, against leading European banks and the British Bankers’ Association.  FDIC alleges that there was coordinated “lowballing” of USD LIBOR and is pursuing claims under EC competition law and for fraudulent misrepresentation.
  • ACON Equity Management LLC v Apple Bidco Ltd [2019] EWHC 2750 (Comm): acted for the successful claimant, a private equity investor, in proceedings to recover conditional payments following its exit from a consortium of investors in a power generation business.
  • Advising a bank on complex issues relating to the operation of waterfall provisions in CDOs following a potential Termination Event.
  • Trafigura v Republic of South Sudan and Bank of South Sudan: Acted for Trafigura in Commercial Court proceedings to recover substantial sums due under financing arrangements with the Republic of South Sudan and guarantees issued by its central bank in respect of oil transactions.  James successfully secured summary judgment on all of Trafigura’s claims.
  • Barclays Bank v Unicredit: Acted (with Joe Smouha KC) for Barclays Bank in resisting claims, in the Commercial Court, brought by Unicredit for over €300 million concerning a complex structured investment.  The case settled during trial, after UniCredit abandoned a significant part of its case following the exchange of skeletons.
  • Broker-dealer v client: Acted for an FX broker-dealer in an arbitration relating to the timing and price of the liquidation of substantial Swiss franc positions following the unpegging of the Swiss franc in January 2015.
  • Barclays Bank v Saad Investment Co Ltd: Acting for Barclays Bank in proceedings in the Cayman Islands under an accreting strike option where there are competing proprietary claims arising out of the alleged Al Gosaibi Group fraud.  James appeared alone for the Bank in the Cayman Islands, successfully applying for permission to bring proprietary claims against two investment vehicles.
  • Dexia Crediop SPA v Provincia di Crotone: Acted (alone) for an Italian investment bank in its successful Commercial Court claim to enforce high-value interest rate swaps against an Italian local authority, overcoming defences of lack of capacity under Italian law, illegality and fraudulent misrepresentation.
  • Barclays Bank v LG Chem Ltd: Represented Barclays Bank (with Stephen Houseman KC) in Commercial Court proceedings relating to the duties of a bank processing CHIPS/SWIFT transfers to detect and prevent fraud.

James has particular expertise regarding the ISDA Master Agreement, having been involved in several of the recent leading cases on the interpretation of that standard form. He has acted in Britannia Bulk Plc v Pioneer Navigation Ltd [2011] 2 Lloyd’s Rep 84, TMT Asia Ltd v Marine Trade [2011] 1 CLC 976 and Deiulemar v Transfield Shipping SpA [2012] EWHC 928 (Comm). James appeared alone in the Court of Appeal concerning an important issue of construction of the Master Agreement in the joined ISDA appeals sub. nom Lomas v JFB Firth Rixson [2012] 2 All E.R. (Comm) 1076.

Commercial chancery disputes

Alongside his recognition as a top-tier commercial litigator, James is also recognised by Chambers & Partners for his work in commercial chancery disputes, which says that “he has an incredible legal mind, he’s a fantastic writer and he’s unbelievably effective in court”.

Many of James’ commercial cases – including complex banking and fraud disputes – are heard in the Chancery Division of the High Court or give rise to issues traditionally regarded as falling within the “commercial chancery” sphere (including issues relating to proprietary claims/tracing, partnership, company law, trusts and insolvency).  Recent examples include:

  • Bourlakov v Bourlakova: acted (as lead advocate) for the lead group of defendants in Chancery Division proceedings relating to over US$1 billion of assets following the breakdown of the Bourlakov marriage, involving multi-jurisdictional issues relating to alleged partnerships, beneficial interests and the operation of Panamanian foundations.
  • FDIC v Barclays Bank: James is acting (with Adrian Beltrami KC) for Barclays Bank in Financial List proceedings brought by the FDIC, a US federal government agency, against leading European banks and the British Bankers’ Association.  FDIC is pursuing claims under European and UK competition law.
  • Badyal v Badyal: acting (as sole advocate) for two of the Badyal brothers regarding the dissolution of a family partnership which operated businesses in England and India. The dispute arises under the Partnership Act 1890 and gives rise to complex issues relating to tracing and preservation of assets.
  • Shah v Shah: acted (as sole advocate) for the defendants in resisting claims arising from the division of family businesses, involving issues of rectification and malicious falsehood. The claim settled following James’ cross-examination of the claimants’ key factual witness.
  • Paramount Powders (UK) Ltd v Badyal: James is acting (as sole advocate) for a company pursuing claims in the Chancery Division for breach of fiduciary duty against a former director arising out of the establishment of a competing business. James successfully opposed an application to strike out the claim on grounds of abuse of process arising from alleged vexation due to prior unfair prejudice proceedings [2021] EWHC 2714 (Ch).
  • CPAY Foundation Ltd v Cryptopay Ltd: James acted (alone) for Cryptopay, a bitcoin platform offering “electronic wallet” technology, in proceedings relating to an Initial Coin Offering.
  • Guralp Systems Ltd v Dr Guralp: acted (alone) for companies in bringing substantial claims against a former director for breach of director’s duties under the Companies Act 2006 in respect of the alleged payment of bribes to a foreign public official. James is also resisting a counterclaim which seeks to avoid, in equity, a deed of variation relating to loan notes issued as part of the acquisition of the company.
  • Barclays Bank v Saad Investment Co Ltd: acting for Barclays Bank in advancing competing proprietary claims, involving complex issues of tracing assets, arising out of the alleged Al Gosaibi Group fraud. James has appeared (alone) for Barclays in obtaining permission from the Chief Justice of the Cayman Islands to commence proceedings against two investment vehicles which are in liquidation, and acted for Barclays in the English Companies Court in responding to an application by a foreign liquidator for information and documents under s. 236 of the Insolvency Act.
  • Re Acia Aero Group: acted for the majority shareholders in resisting claims for unfair prejudice arising out of an aviation business.
  • Advised a foreign liquidator in connection with recognition under the Cross-Border Insolvency Regulations and the exercise of investigatory powers under ss. 234 and 236 of the Insolvency Act.
  • Assisted local lawyers in obtaining interim relief and pursuing claims in the Isle of Man to attack complex asset protection arrangements involving international trusts and a limited partnership.
  • Ismailaj v Debt International Advisory Limited (BVI Commercial Court): Acted (alone) in proceedings to rectify a company’s register of members where the company had allegedly been seised in a corporate raid by the shareholders’ former advisors.
  • acted (with Justin Fenwick KC) in sealed proceedings in the Eastern Caribbean giving rise to issues relating to the validity of an offshore trust said to have laundered the proceeds of foreign criminal conduct.
Offshore litigation

James has a particular interest in offshore litigation. He has been called to the Bar of the Eastern Caribbean Supreme Court in the BVI, has been admitted ad hoc as an advocate in the Isle of Man and has been granted limited admission in the Cayman Islands and Anguilla.  He has also assisted with proceedings being heard in Nevis, Singapore and Hong Kong.

He is ranked by both Chambers & Partners and the Legal 500 for his offshore work.  Comments include “he’s exceptional; always someone that’s fantastic”.

Examples of instructions in offshore proceedings include:

  • National Bank of Anguilla (Private Banking & Trust) Ltd v National Bank of Anguilla Ltd (Anguilla): acted as lead counsel for the National Commercial Bank of Anguilla in successfully defending high-value claims brought by the administrator of two failed offshore banks (appointed by the Anguilla FSC).  The administrator alleged that the conservators appointed by the Eastern Caribbean Central Bank had breached their fiduciary duties, giving rise to proprietary claims against NCBA.  The claims were dismissed on multiple grounds following a two-week trial.
  • Oscar Trustee Ltd v MBS Software Solutions Ltd (Eastern Caribbean Court of Appeal): acted for Oscar Trustee in its appeal against the refusal of the BVI Commercial Court to hear claims on grounds of forum non conveniens.
  • Yao Juan v Kwok Kin Kwok (BVI): acted for the claimant in preparing her appeal to the Privy Council, following the decision by the Eastern Caribbean Court of Appeal to overturn the BVI Commercial Court’s judgment in her favour. James also appeared (as lead advocate) for Madam Juan in her successful appeal to the Eastern Caribbean Court of Appeal relating to the irrecoverability of costs of foreign lawyers under the Legal Profession Act, 2015 (BVIHCMAP2018/0042, 1 June 2021).
  • Barclays Bank v Saad Investment Co Ltd (Cayman Islands): acting for Barclays Bank in proceedings in the Cayman Islands arising out of the competing proprietary claims to assets following the Al Gosaibi Group fraud.  James has been granted limited admission to practise in the Cayman Islands and appeared (alone) for the Bank in obtaining permission to commence proceedings against two investment vehicles.
  • Bitel LLC v Kyrgyz Mobile Tel (Isle of Man): acted (with Graham Dunning KC) for the claimants, subsidiaries of Russia’s largest mobile telephone company, in respect of a claim before the High Court of the Isle of Man for in excess of US$800 million, arising out of the alleged misappropriation of a Kyrgyz telecoms company through corrupt court proceedings and asset laundering. James has conducted interlocutory hearings alone (including obtaining an order for disclosure of documents said to be subject to Swiss banking secrecy laws and resisting an application for disclosure of documents held by a parent company). The dispute settled part-way through a 10 week trial.
  • IOTA Violet LLC v Woman LLC (Isle of Man): assisted Manx advocates in obtaining interim relief and pursuing proceedings to attack complex asset protection arrangements involving offshore trusts established in St Vincent and the Isle of Man, including under the Fraudulent Assignments Act 1736.
  • Appointment of provisional liquidators (BVI): advised and acted in BVI Commercial Court proceedings to appoint a provisional liquidator in the BVI over a foreign company following the failure to satisfy a multi-hundred million USD arbitral award.
  • Ismailaj v Debt International Advisory Limited (BVI): acted (alone) in Commercial Court proceedings to rectify a company’s register of members where the company had allegedly been taken over unlawfully by formerly trusted advisors.
  • Trinity Management Group Ltd v Burke Consolidated Ltd (BVI): acted (with Paul McGrath KC) to obtain interim injunctions, in aid of arbitration and an unfair prejudice petition, preventing the sale of a business contrary to the wishes of a 50% shareholder.
  • Sealed proceedings: acted (with Justin Fenwick KC) in proceedings in an Eastern Caribbean jurisdiction concerning the validity of an offshore trust alleged to have laundered the proceeds of foreign criminal conduct.
  • Yukos CIS v Wincanton (BVI): successfully resisted applications for freezing and receivership orders against former Yukos subsidiaries before the Commercial Court and Eastern Caribbean Court of Appeal. The applications gave rise to important issues relating to the availability of ancillary relief in aid of foreign litigation in the absence of an equivalent of s. 25 of the CJJA (the Black Swan jurisdiction).
Insurance & reinsurance

James acts and advises in a wide range of insurance and reinsurance disputes, both in court and arbitration.  James’ experience includes:

  • Confidential arbitration: James is acting (alone) in a dispute relating to the operation of a complex structured insurance programme placed in the alternative risk transfer market, involving issues relating to novation clauses and rectification.
  • Disputes relating to 9/11: James acted (with John Lockey KC) for various (re)insurers in arbitrations relating to cover and aggregation in respect of losses arising out of the 9/11 attacks, including claims relating to injuries suffered during the emergency response and subsequent clean-up operations.
  • Equitas v Arab Insurance Group BSC: James acted (alone) for Equitas in claims to recover alleged overpayments from insurers following recoveries made from the UN Compensation Commission and Republic of Libya.
  • Equitas v Export Credit Guarantee Corporation of India: James acted (alone) for Equitas in claims relating under the settlement of a political risks reinsurance treaty in respect of the failure to achieve proper recovery in respect of Iraqi trade credit debts.
  • British-American Insurance (Kenya) Ltd v Matelec SAL: James acted (alone) in resisting substantial claims in ARIAS arbitration, arising out of property damage and business interruption/delayed start-up claims in respect of a power station development in Kenya, on the basis of breach of warranty.
  • Lapanday Food Corp v Charter Ping An Ince Co: James acted (alone) for insurers in defending claims for losses said to be due to Chinese governmental action, including decisions by the Chinese customs authorities which are alleged to have been politically motivated.
Energy & natural resources

James has advised and represented many of the largest companies operating in the energy sector.  He has particular experience of the oil and gas industry, including both trading and infrastructure.  Examples of recent instructions include:

  • Apache North Sea Limited v INEOS FPS Limited [2020] EWHC 2081 (Comm).  James acted for INEOS FPS, the operator of the Forties Pipeline System, in respect of Commercial Court proceedings to determine the tariff for transportation of North Sea liquids under a Transportation and Processing Agreement.
  • Trafigura Pte Ltd v Republic of South Sudan.  Acted for Trafigura in Commercial Court proceedings arising from crude oil purchase and prepayment financing arrangements with the Republic of South Sudan.
  • Confidential LCIA arbitration.  James acted for a leading independent energy and commodity trader in an arbitration arising out of its counterparty’s failure to deliver multiple cargoes of LNG under various DES/FOB contracts.  The proceedings gave rise to issues relating to the invocation of producer force majeure, as well as the proper interpretation of a “pay now, dispute later” provision.
  • Confidential HKIAC arbitration.  James acts for a leading commodity trader in a series of high-value disputes arising out of a chain of long-term contracts for the sale and purchase of LNG.
  • EnQuest Heather Ltd v BP Exploration Operating Company LimitedJames acts for BP in ongoing Commercial Court proceedings arising from the use of crude oil storage and gas sweetening facilities at the Sullum Voe Terminal on the Shetland Islands.
  • Confidential advices.  James has advised upstream and midstream companies in respect of a diverse range of issues, including recoverability of emissions trading scheme costs.
Career

2023: appointed a Recorder (part-time Crown Court judge)

2021: to be appointed one of Her Majesty’s Counsel (Q.C.)

2017: Appointed to the Attorney General’s “A” Panel of Civil Counsel to the Crown

2010: Called to the Bar of the Eastern Caribbean Supreme Court (BVI)

2008: Admitted to the Courts of the DIFC

2006: Call: Gray’s Inn

2006: Supervisor in the Law of Equity, Clare College, Cambridge

Education

2009: MA, Trinity Hall, University of Cambridge

2006: BVC (Outstanding), BPP Law School (ranked first in year)

2005: BA (Starred First Class Hons.) (Law), Trinity Hall, University of Cambridge (ranked first in year)

Awards

2007: Arden Scholarship for pupillage, Gray’s Inn

2006: Bedingfield Scholarship for BVC, Gray’s Inn

2005: Slaughter and May Prize for best results in Law, University of Cambridge

Clifford Hamson Prize for Aspects of Obligations, University of Cambridge

Herbert Smith Prize for Conflict of Laws, University of Cambridge

Bateman Scholar, Trinity Hall

2004: Falcon Chambers Prize for Land Law, University of Cambridge

Rebecca Flower Squire Scholar, University of Cambridge