James Wibberley is a Commercial specialist with experience of dealing with a wide range of disputes within the County Court, High Court and Court of Appeal.
He has a particular interest in cases that throw up novel or complex points of law and regularly deals with cases that straddle the divisions between his main practice areas.
James has twice appeared in the Supreme Court in Swynson Limited v Lowick Rose LLP  UKSC 21 – Professional Negligence, assessment of damages and Gavin Edmondson Solicitors Limited v Haven Insurance Co Limited  UKSC 21 – Costs: solicitor’s equitable lien.
James has a broad commercial practice focussing primarily on banking and financial services, company/shareholder, partnership, professional negligence, supply of goods and services, and contractual disputes. James also has a keen interest in cases involving restraint of trade, breach of confidence and breaches of fidelity or fiduciary duty, and is regularly brought into cases that straddle his different practice areas such as claims following the sale/purchase of companies or the collapse of business relationships. He also has experience of dealing with more esoteric commercial work such as intellectual property disputes (including passing off and trade mark infringement) and defamation claims brought by commercial organisations.
Most of James’ work is within the High Court and James has experience of acting as sole counsel in cases worth up to £20 million. Recent work includes acting for the purchaser of a multi-million pound waste management business in a claim for misrepresentation against its former owners, representing a soft toy company facing a $4million claim for an alleged breach of an exclusive manufacturing agreement, and representing a financial advisor in restraint of trade proceedings following the sale of this IFA business to a national network.
James has a mixed Commercial and Employment & Discrimination practice and focuses primarily on cases that fall along the boundaries between these two areas of law, as well as on Banking & Finance, company/shareholder, partnership, Professional Negligence, supply of goods and services, and contractual disputes.
James also has a keen interest in cases involving restraint of trade, breach of confidence and breaches of fidelity or fiduciary duty, and is regularly brought into cases that straddle his different practice areas such as claims following the sale/purchase of companies or the collapse of business relationships.
He also has experience of dealing with more esoteric commercial work such as intellectual property disputes (including passing off and trade mark infringement) and defamation claims brought by Commercial organisations.
Most of James’ work is within the High Court and James has experience of acting as sole counsel in cases worth up to £20 million.
As well as more mainstream contractual disputes and claims involving restrictive covenants, James is regularly brought in to advise on cases involving the appropriation and misuse of confidential information, allegations of breach of fidelity and/or fiduciary duty and the economic torts (e.g. inducing a breach of contract, causing loss by unlawful means etc) as well as infringement of database rights.
James has a keen interest in non-employment related discrimination and believes that this is likely to be a growth area for Employment & Discrimination lawyers in the coming years.
Acting for the purchaser of a multi-million pound waste management business in a claim for misrepresentation against its former owners.
Representing a soft toy company facing a $4million claim for an alleged breach of an exclusive manufacturing agreement.
Representing a financial advisor in restraint of trade proceedings following the sale of this IFA business to a national network.
Representing a national HR consultancy in the enforcement of post-termination restrictions against a former franchisee.
Acting for an IFA being sued for breaching his restrictive covenants following the sale of his business to a national network and advising a major firm of solicitors on the recruitment of a partner of a competitor firm.
James has experience of Business Protection disputes in a wide range of industries not just financial services and the law, but also advertising, human resources, sales and even hairdressing.
Within the Employment Tribunal, James primarily deals with unfair dismissal and disability discrimination disputes as well as a growing number of harassment and victimisation claims.
James has a growing Professional Negligence practice and is regularly instructed (on both the Claimant and Defendant side) to deal with claims involving:
Much of James’ Professional Negligence work dovetails with his other areas of practice. He is regularly involved in cases where disputes have arisen about advice on costs exposure or litigation funding, often where coverage said to be provided by BTE or ATE is refused.
James also deals with more conventional insurance disputes, again sitting alongside his more mainstream commercial practice.
James has a growing construction practice. In addition to dealing with claims for defective works, he is regularly asked to advise on issues of design and valuation, both for self-builders and commercial lenders. He is acutely aware of the multifaceted nature of construction litigation.
James has a strong interest in all areas of Costs Litigation funding. In addition to dealing with more conventional inter partes costs disputes such as drafting pleadings and attending detailed assessment hearings, James has experience of providing generic advice on the enforceability of funding arrangements, and is regularly asked to advise on issues of coverage and indemnity relating to BTE and ATE insurance agreements.
There is a significant overlap between this area of James’ practice and his wider commercial work. James is therefore ideally placed to advise on solicitor own client disputes and Professional Negligence cases involving disputes around the advice given about funding arrangements and/or costs liability.
James has experience of wasted costs and non-party costs applications both in commercial (including applications for costs against directors of insolvent companies) and Personal Injury disputes. He also deals with disputes surrounding the costs of Insolvency proceedings.
James is regularly instructed on behalf of the Secretary of State for Energy and Climate Change to run arguments on the correct level of success fee in NIHL cases following the decision of the High Court in Patterson v MOD  EWHC 2767.
James deals with a wide range of construction disputes arising from both residential and Commercial developments. These disputes include claims for payment, delay and disruption, and defective workmanship as well as more niche matters such as the enforcement of adjudication awards and representing clients at arbitration hearings. J
James also has experience of dealing with disputes under the Party Wall Act 1996 and claims in nuisance and/or negligence for damage caused to neighbouring properties. As well as acting for private clients, corporations and local authorities, James also handles cases for and against public liability insurers.
James’ recent experience includes acting for a large farming partnership in a £2.5 million damages claim following the installation of a defective biomass heating system, representing a software development company in a dispute surrounding the development of a custom iPad app, acting for a developer suing the insurers of an (insolvent) groundworks subcontractor after the incorrect demolition of supporting wall caused damage to a row of neighbouring properties.
James recently represented a contractor after the (allegedly) incorrect installation of a woodburning stove resulted in a fire destroying the property.
James also has experience of more routine cases such as disputes over the quality of residential building work (where he has handled cases worth up to £500,000), claims against tradesmen for leaks and fires and claims for defective cavity wall insulation.
In addition, James’ wider professional negligence practice regularly involves claims against Architects, Quantity Surveyors and Project Managers. He also has experience of dealing with claims against solicitors involved in the purchase and sale of development land (eg. failure to advise on restrictions on development and/or listed building status).
James has a broad Banking & Finance practice advising and representing lenders, insurers, advisors, payment intermediaries and consumers alike.
The majority of James’ banking work falls into two categories: (i) claims involving (allegedly) negligent advice or the mis-selling of financial products (both prof-neg and FiSMA claims); and (ii) the enforcement of loan agreements, guarantees, mortgages and other securities.
James has a particular interest in cases involving allegations of misrepresentation, fraud or undue influence, or where there is a dispute about the authority of an intermediary under section 39 of the FiSMA and/or the common law principles of agency.
James also undertakes non-contentious work such as advising on whether financial arrangements constitute collective investment schemes.
James’ recent experience includes representing an international lender in a 260+ claimant group action for the mis-sale of high-cost-short-term credit loans, acting for a niche lender seeking to enforce personal guarantees worth over £1.5 million, and advising a For-ex trader being sued for over-gearing investments.
He also has experience of more esoteric issues affecting banks and financial institutions such as claims under the Data Protection Act and GDPR.
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