James Barker has a busy Chancery litigation practice with a particular emphasis on disputes arising out of insolvencies, corporate governance and directors’ duties, commercial contracts, banking and security transactions, and commercial property. James has been consistently recognised by the leading independent legal directories, and is currently one of only a small number of barristers recommended in Enterprise Chambers’ core areas of insolvency, commercial chancery / commercial dispute resolution, and property.

The directories highlight James’s robust commercial approach, and his skill as an advocate. Chambers & Partners, 2011, refer to him as being “lightening quick at identifying the commercial aspects of any case”; and “a formidable advocate who takes no prisoners.” It is said that “being up against him always feels like clashing with a titan”. The Legal 500, 2011, says that he “combines intelligence with a strong commercial sense.”

Earlier editions of the directories have referred to James as “tough and tenacious”, “a powerful advocate”,and somebody who is “committed to our cause, strong on his feet and technically brilliant” (Chambers & Partners, 2009). He has also been described as “having a fantastic modern approach”, and as “giving clear and easily understood advice” (Chambers & Partners, 2010).

James’s personal strengths have also been recognised. He is described as “approachable, practical and helpful ….. clients love him”,and“liked by clients as he is tough, straight talking and a great advocate”  (Legal 500, 2009).

PRACTICE AREA: INSOLVENCY

James acts for, and against, liquidators and other office holders in the wide range of claims and issues that arise in the context of corporate insolvencies including, in particular, misfeasance on the part of directors; fraudulent and wrongful trading; preferences and transactions at an undervalue; and the payment of unlawful dividends. He also has considerable experience in the area of personal bankruptcy.

James is ranked as a leading insolvency junior by Chambers & Partners, 2011, who say that “His technical knowledge of insolvency is excellent and he is noted as a superb tactician”.

Current and recent work

• Acting for liquidator in fraudulent trading and breach of fiduciary duty claims connected with a large scale VAT “carousel” fraud.

• Acting for liquidators in a number of fraudulent trading / wrongful trading / breach of fiduciary duty claims arising out of failed capital gains tax and VAT avoidance schemes implemented by the former directors.

• Acting for liquidator in claims to recover from HMRC company money that was used to discharge a director’s personal tax liabilities; and in claims for negligence against a previous office holder.

• Representing administrators (appointed out of Court) in a dispute as to the proper treatment of costs and fees incurred on an application to Court for an administration order that was then superseded by the out of Court appointment.

• Acted for administrators of a company in relation to a debtor’s claim to set-off, against its liability to the company, the benefit of a substantial debt that was said to have been assigned to it shortly before administration.

• Acted for liquidator in a successful claim against formers directors / shareholders to recover dividends paid in contravention of the Companies Act 2006.

• Represented two former directors of a company in the successful defence of substantial transaction at an undervalue and preference claims.

• Obtaining an order appointing provisional liquidators, and freezing orders over the assets of directors allowing the discovery of fraud.

• Acted for trustee in bankruptcy in proceedings to recover properties that had been purchased in Spain in the name of the bankrupt and members of his family.

PRACTICE AREA: COMMERCIAL

James represents corporate and individual clients in all manner of commercial contract disputes. He also acts in shareholder and partnership actions, as well as for, and against, banks in claims concerning mortgages and guarantees, and more general disputes relating to commercial lending and associated negligence claims.

James is recommended by The Legal 500, 2011, for Commercial Litigation. He is also recommended as a leading junior in both Commercial Chancery, and Commercial Dispute Resolution by Chambers & Partners, 2011, which states that James “turns on the style in Court”,and reports one solicitor as saying that he “takes what we do to the next level”.

Current and recent work

• Acting for purchaser under a business sale agreement in a claim for damages for fraudulent misrepresentation and breach of warranty.

• Acting for a minority shareholder, and former director of a company, in an unfair prejudice claim made by him under section 994 of the Companies Act 2006, and in connected claims brought against him by the company for alleged breach of duty.

• Acting for high street bank in connection with claims (said to total many millions of pounds) made against it by a corporate customer for alleged breach of its contractual lending obligations and common law duties of care.

• Representing a commercial surety in the defence of a multi-million pound claim being advanced by the lender under a series of guarantee / indemnity agreements.

• Acting for two defendants in a claim concerning alleged misuse of confidential information; improper diversion of corporate opportunities and customer leads; and conspiracy.

• Representing the purchaser of a football stadium in claims and counterclaims arising from the acquisition of the stadium from its then subsidiary company; the declaration of dividends by the subsidiary in favour of the purchaser; and the purchaser’s sale of its shares in the subsidiary.

• Acting for the claimant in a dispute (recently compromised) concerning the meaning and effect of novation agreements made in connection with contracts for the provision of telecommunications services.

PRACTICE AREA: PROPERTY LITIGATION

James advises and represents clients involved in disputes concerning the ownership of land and associated rights and interests (including easements, covenants, mortgages, and beneficial interests). He also regularly acts in commercial landlord and tenant matters. James is recommended for property litigation in both The Legal 500, 2011, and Chambers & Partners, 2011, where he is praised as “someone who can deal with a difficult case, and present it to clients in a way they will readily understand.”

Current and recent work

• Acting for a bank in claim for the recovery of several mortgaged properties, and in consolidated claims by third parties (connected with the borrower) who allege that they have overriding beneficial interests in the mortgaged properties.

• Advising a land owner on the prospects of obtaining the release of restrictive covenants contained in long leases of several valuable properties in Central London.

• Represented a corporate client in proceedings to obtain interim injunctive relief to restrain the use of commercial premises in breach of the user covenant in the lease.

• Represented a commercial tenant at the trial of claim on the question whether a rent review provision required the new rent to be assessed by reference to the value of buildings that the tenant had itself constructed on the demised land.

• Successfully represented a commercial tenant at the trial of the landlord’s claim to forfeit lease for breach of covenant, and the tenant’s counterclaims for damages for derogation from grant.

• Represented the tenant of a number of restaurants at the trial of its claim, which was successful, for relief from forfeiture following numerous breaches of the terms of the leases under which the restaurants were held.

• Acted for a commercial tenant in defending the landlord’s claim for possession (on grounds of non-payment of rent) on the basis that the tenant was entitled to set-off damages claimed by it from the landlord for fraudulent misrepresentation and/or breach of contract notwithstanding the “no set-off” provision in the lease.

Other notable and reported cases

In the past ten years James has acted in the following reported cases:

26/11/2010 - Sahota v RR Leisureways (UK) Ltd

16/10/2009 - Bank of Scotland Plc v Makris & O’Sullivan

22/09/2009 – Close Invoice Finance v Korpal

09/05/2008 - Daleri Ltd v Woolworths Plc

09/03/2007 - Corporate Development Partners LLC v E-Relationship Marketing Ltd

26/10/2006 - CBR (Wakefield) Ltd and others v Puccino's Ltd

16/10/2006 – Phillips v Symes

27/01/2006 – Belfield Furnishings Ltd v Isaacs & Harrison

05/12/2005 - Re Chicago Holdings Ltd

28/05/2004 - Fliptex Ltd v Hogg & Ors

11/11/2003 - Marchday Group Plc v British Telecommunications Plc

01/11/2002 - Tindle v Lancaster

02/05/2002 - UCB Corporate Services Ltd v Williams

21/03/2002 – Allan v UCB Group Ltd

20/06/2001 - Champion v Workman

09/11/2000 - Re D.W.S

 
Areas of Emphasis

• Insolvency
• Company & Partnership
• Commercial chancery
• Property

Career & Associations

• LLB, University of Birmingham
• Member of the Chancery Bar Association
• Member of the Property Bar Association

James is a regular speaker at conferences, seminars and courses arranged by professional conference organisers, professional associations and in-house.