Professional practice

2026 C&P James WillanL500 Leading Silk 2026

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 one of the most highly regarded silks for commercial litigation, holding Band 1 rankings in Chambers and Partners for both Commercial Dispute Resolution and Civil Fraud.

He is known for combining strong analytical skills and judgment (“without a doubt the most intelligent person I’ve ever met”, “a brain on a stick”, “extremely cerebral and strategic”, “absolutely amazing, probably the cleverest person I’ve dealt with”, “his level of strategic thinking is second to none”) with powerful advocacy (“his advocacy is irresistible.  Judges find it hard to argue with anything he says”, “so impressive in written and oral submissions”).

James’ expertise extends across all areas of commercial litigation.  He is ranked as a leading barrister across seven fields: Banking & Finance, Chancery: Commercial, Civil Fraud, Commercial Dispute Resolution, Energy & Natural Resources, International Arbitration and Offshore.  James is equally at home in court or arbitration.

James is currently acting in some of the largest disputes before the courts, including representing Shell Plc in Bille and Ogale Group Litigation (defending group litigation relating to alleged oil spills in the Niger Delta) and representing PrivatBank in JSC Commercial Bank PrivatBank v Kolomoisky (defending judgment for over US$3 billion relating to a fraudulent lending scheme orchestrated by the bank’s former owners).

He has previously been named as one of 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”.

 

What others say

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

He holds Tier 1 rankings from Chambers and Partners in Commercial Dispute Resolution and Civil Fraud.

Comments in the 2025 editions of the directories include:

  • “When cases get tough, he in the answer.”
  • “It is the strategy, intellect and the court craft that you go to James for.”
  • “James is among the very best of the best. He has an outstanding knowledge of the facts and legal issues involved, and provides invaluable strategic input and exceptional client service.”
  • “His advocacy is irresistible. Judges find it hard to argue with anything he says because he presents everything in a logical and compelling way.”
  • “James is so impressive in written and oral submissions. He is exceptional.”
  • “James’s intellectual capabilities are really exceptional. His level of engagement and strategic thinking is second to none.”
  • “James has a razor sharp mind and is quite simply one of the two and three stars of his generation at the bar.”

James is also ranked as a “Thought Leader” by Lexology for both Commercial Litigation and Asset Recovery.

James was identified by The Lawyer as one of its “Hot 100”, which described him 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:

  • Bille and Ogale Group Litigation: James is representing Shell Plc and its former subsidiary in defending high-value group litigation relating to alleged oil spills in the Niger Delta, which gives rise to novel and important questions relating to liability for environmental damage and the conduct of mass tort claims.
  • PrivatBank v Kolomoisky: James represented PrivatBank in securing judgment for over US$3 billion relating to a fraudulent lending scheme orchestrated by the bank’s former owners and is presently resisting an appeal before the Court of Appeal.
  • 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 acted (leading Catherine Jung and Joshua Crow) in a dispute worth around £¼ billion in which he successfully defended a multinational company from allegations of market manipulation in the commodities market.
  • 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.
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, with client comments including “James has a razor sharp mind and is quite simply one of the two or three starts of his generation at the bar”.

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 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); and
  • 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).

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 awards. Recent examples include:

  • NTT Ltd v Goodall: acting (as team leader) for Mr Goodall in securing a rare case management stay of claims which are related to matters being decided in arbitration against affiliated companies, [2024] EWHC 445 (Comm).
  • 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).

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 “a real star, an exceptional lawyer and exceptionally hard-working”, “the cleverest person I know”, “a brain on a stick” and “a simply outstanding lawyer and a tenacious advocate”.  James has 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 acted (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 alleged that there had been coordinated “lowballing” of USD LIBOR and is pursuing claims under EC competition law and for fraudulent misrepresentation.
  • 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.
  • 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.
  • Arbitration concerning unpegging of the Swiss franc: 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 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.
  • 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.

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.

Civil fraud & asset recovery

James is recognised by Chambers & Partners as one of the top silks (tier 1) litigating civil fraud disputes, which remarks “When cases get tough, he is the answer”.

James is also ranked as a “Thought Leader” by Lexology for asset recovery and by the Legal 500 for Fraud: civil.  Client comments include “James has a razor sharp mind” and “It is the strategy, intellect and the court craft that you go to James for”.

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 claimant Ukrainian bank in Privatbank v Kolomoisky, in securing a claim for over US$3 billion arising out of a 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.  He is presently instructed to defend an appeal to the Court of Appeal.
  • Defended the trial judge’s decision in FRN v P&ID, a notorious case of multi-billion dollar arbitral fraud, against a challenge by its solicitor, Seamus Andrew, who was implicated in serious wrongdoing, [2025] EWCA Civ 715.
  • Successfully secured the dismissal of committal proceedings in National Bank Trust v Pishchulina on the basis that the use of that power was disproportionate, [2025] EWHC 1807 (Comm).
  • James is acting for South Bank Hotel in South Bank Hotel Management Company v Galliard Hotels, concerning claims that the Galliard Group misappropriated part of a hotel in which individual investors had purchased rooms.  The appeal raises novel and important issues relating to limitation of claims where a director has obtained an indirect benefit from company property. Judgment is pending.
  • 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 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.
  • 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.
  • VTB Commodities Trading DAC v Sberbank: 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, [2021] EWHC 1758 (Comm).
  • Federal Republic of Nigeria v Shell: 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, [2020] EWHC 1315 (Comm).

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 misapproportiation 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).

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).

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 “James is a very cerebral barrister who is all over the detail”, “James is so impressive in written and oral submissions. He is exceptional” and “give James any legal problem and he will help you out”.

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:

  • Privatbank v Kolomoisky: James acted for the claimant Ukrainian bank in securing judgment in the Chancery Division for over US$3 billion arising out of a fraudulent lending scheme by the former owners of a Ukrainian bank.  He is presently instructed to defend an appeal to the Court of Appeal;
  • FDIC v Barclays Bank: James acted (with Adrian Beltrami KC) for Barclays Bank in Financial List (ChD) 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.
  • South Bank Hotel Management Company v Galliard Hotels: James is acting for South Bank Hotel in its appeal arising out of claims that the Galliard Group misappropriated part of a hotel in which individual investors had purchased rooms.  The appeal raises novel and important issues relating to limitation of claims where a director has obtained an indirect benefit from company property. Judgment is pending.
  • 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, [2022] 4 WLR 79.
  • Paramount Powders (UK) Ltd v Badyal: James acted (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).
  • 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 also resisted 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.
Commercial dispute resolution

James is one of the most highly regarded commercial litigators, ranked by Chambers & Partners in its tier 1 of silks.  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:

  • Bille and Ogale Group Litigation: James is representing Shell Plc and its former subsidiary in defending high-value group litigation relating to alleged oil spills in the Niger Delta, which gives rise to novel and important questions relating to liability for environmental damage and the conduct of mass tort claims.
  • Privatbank v Kolomoisky: James acted for the claimant Ukrainian bank in securing judgment in the Chancery Division for over US$3 billion arising out of a fraudulent lending scheme by the former owners of a Ukrainian bank.  He is presently instructed to defend an appeal to the Court of Appeal.
  • FDIC v Barclays Bank: acted (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.
  • South Bank Hotel Management Company v Galliard Hotels: James is acting for South Bank Hotel in its appeal arising out of claims that the Galliard Group misappropriated part of a hotel in which individual investors had purchased rooms.  The appeal raises novel and important issues relating to limitation of claims where a director has obtained an indirect benefit from company property. Judgment is pending.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.

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.

Energy & natural resources

James has particular experience of disputes in the energy sector.  He is ranked by Chambers & Partners, which comments that he has “notable skills representing some of the largest names in the energy market in disputes, typically related to oil and gas.  He has significant experience in disputes involving the production of energy and the trading of energy too”.  His clients include many of the leading producers and traders, including BP, JERA, Shell, NNPC, Trafigura and Vitol.

Client comments in Chambers & Partners include “James is incredibly clever and willing to get into the detail.  His drafting is superb”, “James is absolutely amazing, probably the cleverest person I have dealt with”, “James’s intellectual capabilities are really exceptional.  His level of engagement and strategic thinking is second to none”.

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

  • Bille and Ogale Group Litigation: James is representing Shell Plc and its former subsidiary in defending high-value group litigation relating to alleged oil spills in the Niger Delta, which gives rise to novel and important questions relating to liability for environmental damage and the conduct of mass tort claims.
  • Confidential LCIA Arbitration: James is acting 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.
  • Confidential HKIAC Arbitration: James acted for a multinational LNG trader in a high-value dispute relating to whether production was subject to force majeure following a delayed restart following a hurricane.
  • 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.
  • 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’.
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 “James is extremely cerebral and strategic”.

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.
  • Slivnik v Dinning (Anguilla and Eastern Caribbean Court of Appeal): James acted for the respondent bank in having high-value claims for breach of statutory duty and fraudulent preference struck out on the basis that an extension of time for service was impermissible under EC CPR rule 8.13.
  • 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 and Eastern Caribbean Court of Appeal): 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).
Career

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

2021: 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