James has a diverse commercial practice across Chambers’ full range of specialisms, with a particular focus on civil fraud, shipping, international trade, trade finance and other banking disputes. He has appeared in the High Court, most commonly the Commercial Court and the Chancery Division, as well as in the Court of Appeal and arbitral proceedings under a variety of rules (including LCIA, SIAC, UNCITRAL and LMAA).
James has significant experience in high value, complex commercial disputes. For example, he is acting for Alexander Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, led by Duncan Matthews KC.
James also regularly acts as sole counsel, both in court, as he did for the respondents in Daly v Ryan [2021] EWHC 976 (Ch), an application for an order imposing conditions on the appellants’ permission to appeal in a fraud claim worth €8.5 million, and in arbitration, including for the successful claimant in a three-day trial against a silk.
James has experience of applications for emergency relief (particularly freezing injunctions), disclosure applications (including under the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters) and enforcement procedures (such as Part 71 debtor examinations, contested applications for charging orders, third party debt orders and to enforce arbitral awards). He is especially familiar with making and resisting such applications against the background of allegations of fraud, having spent six months on secondment at a civil fraud litigation boutique in his first year of practice.
He was admitted to the Bar of the East Caribbean Supreme Court, British Virgin Islands in 2023.
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Example cases
- AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.
- Deutsche Bank AG v Alexander Vik & Anor (2021-, Commercial Court, Court of Appeal) – acting for Mr Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, including Mr Vik’s appeal against the committal order in the Court of Appeal, led by Duncan Matthews KC and Rupert Hamilton.
- Margulies v Margulies (2020-2022, Chancery Division) – acted for the defendant and summary judgment applicant in proceedings by which the claimant alleged that the defendant, his brother, had fraudulently concealed the existence of a trust over monies in a Swiss bank account said to have been created by their late father, led by Conall Patton KC.
- A v B (2021, LCIA arbitration) – acted for a Chinese trading house claiming US$157 million for undelivered iron ore in two related LCIA arbitrations, led by Simon Milnes KC.
- TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Ltd (2020-2021, Commercial Court) – acted for the bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil, led by Andrew Fulton KC.
- A v B (2021-, LMAA arbitrations) – acting as sole counsel for a Singaporean shipowner in more than two dozen references arising from a long term contract of affreightment, including at a three day trial against a silk.
Commercial dispute resolution
- AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.
- Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.
- Deutsche Bank AG v Alexander Vik & Anor (2021-, Commercial Court, Court of Appeal) – acting for Mr Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, including Mr Vik’s appeal against the committal order in the Court of Appeal, led by Duncan Matthews KC and Rupert Hamilton.
- A v B (2021, potential Commercial Court proceedings) – advised an individual threatened with an eight figure fraud claim on potential jurisdiction challenges under the post-Brexit regime and limitation defences.
- A v B (2021, LCIA arbitration) – acted for a Chinese trading house claiming US$157 million for undelivered iron ore in two related LCIA arbitrations, led by Simon Milnes KC.
- TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Ltd (2020-2021, Commercial Court) – acted for the bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).
Civil fraud
- AO Alfa-Bank v Kipford Ventures Ltd (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.
- Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.
- Select & Ors v Dean Norman (2022-, Chancery Division) – acting for the claimant entities in proceedings against (among others) their former finance director and his father concerning unexplained payments totalling £12 million said to have been made pursuant to alleged ‘loans’, including application for summary judgment on an account claim, led by Matthew Parker KC.
- Deutsche Bank AG v Alexander Vik & Anor (2021-, Commercial Court, Court of Appeal) – acting for Mr Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, including Mr Vik’s appeal against the committal order in the Court of Appeal, led by Duncan Matthews KC and Rupert Hamilton.
- Margulies v Margulies (2020-2022, Chancery Division) – acted for the defendant and summary judgment applicant in proceedings by which the claimant alleged that the defendant, his brother, had fraudulently concealed the existence of a trust over monies in a Swiss bank account said to have been created by their late father, led by Conall Patton KC.
- A v B (2021, potential Commercial Court proceedings) – advised an individual threatened with an eight figure fraud claim on potential jurisdiction challenges under the post-Brexit regime and limitation defences.
- Daly v Ryan (2021, Chancery Appeals Centre) – acted as sole counsel for the respondents in an application for an order imposing conditions on the appellants’ permission to appeal against an €8.5 million judgment debt in a fraud claim.
- Ocean Holidays Ltd v Collins (2020, Queen’s Bench Division) – acted for a travel company bringing proceedings against a fraudster-employee, first obtaining a freezing injunction (while on secondment, with Philip Riches KC) then settling pleadings as sole counsel.
Banking and financial services
- AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.
- Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.
- A v B (2021, potential Commercial Court proceedings) – advising a South-East Asian conglomerate facing a claim under a parent company guarantee as to its potential defences and rights of subrogation, led by Simon Milnes KC.
- TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Ltd (2020-2021, Commercial Court) – acted for the bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).
- Acted for a Citigroup entity defending numerous County Court claims brought by PPI policyholders under section 140A of the Consumer Credit Act 1974, raising issues as to the application of section 32 of the Limitation Act 1980.
Commodities and international trade
- AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 milion brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.
- A v B (2021, LCIA arbitration) – acting for a Chinese trading house claiming US$157 million for undelivered iron ore in two related LCIA arbitrations, led by Simon Milnes KC.
- A v B (2021, LMAA arbitration) – acted for a shipowner at a 5-day trial defending a claim for cargo damage said to arise from the contamination of a cargo of potable ethanol, led by Julian Kenny KC.
- TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Limited (2020-2021, Commercial Court) – acted for a bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).
Shipping
James has significant experience in disputes arising under charterparties, bills of lading, shipbuilding contracts and MOAs. Examples include:
- A v B (2022, ad hoc arbitration) – acted as sole counsel for a shipowner claiming in respect of the losses caused by the charterers’ failure to conduct crude oil washing.
- A v B (2021-2022, LMAA arbitration) – acted as sole counsel against a silk in a claim arising from the charterers’ rejection of the vessel as not fit to receive the intended cargo of grain.
- A v B (2021, LMAA arbitration) – acted for a shipowner at a 5-day trial defending a claim for cargo damage said to arise from the contamination of a cargo of potable ethanol, led by Julian Kenny KC.
- Viken Crude AS v Mansel Pte Ltd (2021, Commercial Court) – acted for a shipowner claiming declaratory relief under a charterparty indemnity in respect of the delivery of oil without production of original bills of lading, which indemnity incorporated the International Group of P&I Clubs’ “INT GROUP A” wording by reference, led by Michael Collett KC.
- A v B (2020-2021, ad hoc arbitration) – acted for a company defending a claim under an agency agreement relating to the sale of marine desulphurisation units at a 5-day trial, raising issues as to the basis of an agent’s remuneration and unilateral mistake rectification, led by Simon Milnes KC.
- A v B (ongoing LMAA arbitrations) – acting as sole counsel for a Singaporean shipowner in more than two dozen references arising from a long term contract of affreightment, including at a three day trial against a silk.
