We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
‘James has a forensic knowledge of the law and can be trusted to consider every possible angle to an argument. He has an excellent engaging manner with clients which puts them at their ease. A first-rate advocate.
Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
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Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Caroline Evans
Senior Practice Manager - Civil
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
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 is praised by clients and commentators for his approachability, and his commitment to working collaboratively as part of a wider legal team. James usually appears as sole counsel but is increasingly instructed to lead junior counsel teams.
James has twice appeared in the Supreme Court in Swynson Limited v Lowick Rose LLP [2017] UKSC 21 – Professional Negligence: assessment of damages and Gavin Edmondson Solicitors Limited v Haven Insurance Co Limited [2018] UKSC 21 – Litigation Funding: solicitor’s equitable lien.
He is recommended in Chambers & Partners and the Legal 500 in the fields of Commercial Dispute Resolution, Professional Negligence, and Costs Litigation.
James specialises in corporate and commercial litigation, including company/shareholder disputes, partnership disputes, claims against directors, fraud/conspiracy claims, business purchase disputes (including claims for misrepresentation and breach of warranty) and breach of contract claims. 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 involved in claims against business vendors and departing employees for breaches of restrictive covenants. He also has experience of dealing with more esoteric commercial work such as intellectual property disputes (including passing off and trademark 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 (in each case as sole/lead counsel) includes:
In addition to his High Court work, James is increasingly instructed to represent clients ICC Arbitrations. Recent examples include representing a Belgian-based construction group in a dispute concerning the purchase of a UK piling company and representing a Mexico-based cryptocurrency company in a $3.5 million claim against its payment services provider.
Tosi Ltd v 99 Hippos Limited [2023] EWHC 852 (Ch)
Unfair prejudice claim concerning a group of recruitment consultancies.
Camberley Group Plc v Foster [2022] EWHC 2643 (KB)
Breach of warranty, inducement to breach of contract and conspiracy claims brought against the former managing director of an international manufacturing business.
URE Energy Limited v Notting Hill Genesis [2022] EWHC 1809 (Comm)
Partially successful summary judgment application in claim for £3 million termination payment following the repudiation of an electricity supply agreement (led by Hugh Sims KC).
Veasey v McDougall [2022] EWHC 864 (Ch)
Application to enforce disclosure obligations under CPR PD 51U in unfair prejudice proceedings brought in respect of Peak Wildlife Park in Staffordshire.
Dowman Imports Limited v 2 Toobz Limited [2020] EWHC 291 (Comm)
Claims for breach of contract and in unjust enrichment for failure to honour the terms of an anticipated exclusive manufacturing agreement for a range of children’s toys.
James’ Business Protection work falls into four main categories.
As part of his wider commercial practice, James is regularly instructed to bring and defend claims against business vendors for breaches of restrictive covenants entered as part of sale (both asset and share sale agreements). Much of this work stems from the sale of financial services business, but James also has experience of acting in claims relating to solicitors’ practices, and networks of estate/lettings agents and health and beauty providers. He also has experience of bringing and defending claims to enforce restrictive covenants in franchise agreements.
James also acts for parties in more ‘traditional’ restrictive covenant disputes, such as claims to restrain departing employees (and, increasingly, employee shareholders) from joining actual or potential competitor employers. Recent cases have included acting for two high-value employees within the power distribution industry said to have been key to the delivery of a contract worth £50 million per annum and advising an executive in the commercial hygiene industry.
In addition, James has a keen interest in cases involving allegations of breach of confidence, breaches of fidelity or fiduciary duty, and fraud/conspiracy. James has recent experience of defending a former director accused of misappropriating confidential product information to establish a competing business and representing a business owner accused of misappropriating funds and diverting business opportunities. He is currently acting for a Chinese property investor in a multi-million-pound fraud/breach of duty claim involving the diversion of business opportunities in the construction sector.
Finally, James is often instructed to advise upon and obtain freezing orders in advance of or to support the above types of claim.
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 claims against solicitors where the allegations of negligence relate to advice concerning costs or litigation funding, or where professional negligence clams are advanced in response to claims for unpaid fees. Much of his construction practice involves claims of negligence against those designing or supervising construction projects.
As an offshoot of his Professional Negligence work, James is instructed to advise on issues a range of insurance issues such as coverage, the ability to avoid cover due to non-disclosure, and proceedings against the insurers for insolvent or dissolved defendants.
James’ recent cases include:
James specialises in solicitor and own client assessment proceedings, as well as bringing and defending claims for unpaid legal fees. He is familiar with claims to enforce Contentious Business Agreements, claims asserting an equitable lien or statutory charge over the fruits of litigation, and coverage disputes relating to BTE and ATE insurance policies. Most of the cases James is involved in are worth hundreds of thousands of pounds, turn on novel or complex questions of law and/or involve allegations of negligence or misfeasance by the solicitors.
James is regularly instructed to both bring and defend applications for both non-party and wasted costs.
Alongside his contentious work, James is regularly instructed to advise on non-contentious matters such as the drafting of retainers (both for solicitors for use with lay clients, and for legal expenses insurers for use with panel solicitors) and drafting and reviewing business sale or transfer agreements. He also advises on credit agreements between solicitors and clients, including providing advice on the regulatory framework. James has helped a number of South-West firms undergoing mergers or restructuring, and is prized for the commercial nature of his advice.
Recent examples of the work undertake by James include:
On the contentious side:
On the non-contentious side:
James deals with a wide range of construction disputes arising from both residential and commercial developments, across both the public and private sector. These disputes include claims for payment, delay and disruption, allegations defective workmanship and professional negligence as well as more niche matters such as the enforcement of adjudication awards and representing clients at arbitration hearings.
James is increasingly involved in cases involving complicated agricultural construction projects (such as milking parlours and chicken sheds) and public sector projects involving schools and other public buildings. These cases cross the boundary between technology and construction and include issues concerning the functioning of complicated machinery, such as the installation and functioning of electrical and hearting systems, and the installation and performance of solar panel arrays.
Alongside his more traditional construction practice, 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 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
Recent cases include:
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.
Stephen Arnold
Senior Practice Manager - Civil
0117 930 9000
Click here to email
Joe Stayte
Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Finlay Duignan
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Charlotte Blair
Assistant Practice Manager - Commercial, Insolvency, Property & Estates, Court of Protection (Property & Affairs)
0117 930 9000
Click here to email
Caroline Evans
Senior Practice Manager - Civil
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
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