James Davies

James has a vast experience of all areas of contentious insolvency both in the corporate sphere (including matters relating to partnerships and LLPs) and the personal sphere.  He is instructed by office holders and others both as sole counsel and as part of a wider team.

James is regularly instructed on applications to set aside statutory demands, applications to restrain the presentation and advertisement of winding up petitions, on the hearing of bankruptcy and winding up petitions, on applications for administration orders and on the full range of claims under the Insolvency Act 1986.  James also has extensive experience of applications to remove officeholders.

James has particular experience of cross border insolvency including acting for officeholders of foreign companies bringing claims in England and Wales and seeking assistance from the English courts pursuant to section 426 of the Insolvency Act 1986.

James is a member of R3 and INSOL.

Recent cases include:

• Advising liquidators on claims for fraud and dishonest assistance.
• Acting for liquidators in a compulsory liquidation in an application to court for permission to make a distribution of capital to shareholders and for the court’s directions in making such a distribution: [2025] EWHC 2068 (Ch).
• Acting for liquidators in a claim against a director for misfeasance worth over £2m. James was successful at a three-day High Court trial in 2022 ([2023] EWHC 197 (Ch)) and has subsequently secured the dismissal of the director’s appeal.
• Acting for a group of successful investors in a case about administrations of companies being used to raise funds from investors to renovate property in return for the grant of leases of individual rooms within the property: In the matter of CHF 2 Ltd and Ors [2020] EWHC 2685 (Ch)
• Acting for the successful liquidator of an LLP in a four-day trial and securing judgment for misfeasance and pursuant to section 214A of the Insolvency Act 1986: In the matter of C.J. & R.A. Eade LLP (sub nom McTear v Eade) [2019] EWHC 1673 (Ch)
• Acting for the liquidator in the four-day trial of a claim against the company’s former directors for wrongful trading, misfeasance and various claims under the Insolvency Act 1986: In the matter of Contract Utility Services (CUS) Limited (sub nom Jackson v Casey) [2019] EWHC 1673 (Ch)

James is regularly instructed in commercial cases, often with a civil fraud and cross-border element.  He is often asked to advise on contractual disputes, including sale of goods claims, and matters relating to debt recovery and enforcement.

Recent cases include:

• Acting for the claimant in a fraud claim relating to a settlement reached to compromise previous proceedings.
• Acting for defendants in two Commercial Court claims for around £100m involving allegations of misrepresentation and misstatement arising out of the purchase of a company listed on the Alternative Investment Market and allegations that James’ clients breached their directors’ duties in the way they accounted for financial matters.  James is led by James Pickering KC together with Matthew Moriarty.
• Representing a defendant in an ongoing Commercial Court claim.  involving allegations of unlawful means conspiracy and a transaction defrauding creditors in relation to the transfer of shares worth in the region of €80 million in the parent company of a number of prestigious French fashion houses including Sandro, Claudie Pierlot and De Fursac. James previously acted as sole counsel but is now led by Hugo Page KC.
• Acting for the Commercial Bank of Dubai in respect of enforcement proceedings arising out of a judgment granted by the Sharjah Court of First Instance for approximately $118m.
• Advising on the Commercial Agents (Council Directive) Regulations 1993.

James’ company practice overlaps substantially with his insolvency practice.  He is experienced in all forms of shareholder disputes, unfair prejudice petitions and derivative claims as well as claims for breach of directors’ duties and unlawful distributions.

Recent cases include:

• Acting for the petitioners in an unfair prejudice petition presented in the High Court in respect of a substantial company, which had attracted a great deal of publicity amongst celebrity and life-style magazines
• Acting for the successful claimant shareholders of a company incorporated to produce a “retro” version of the celebrated Sinclair ZX Vega Plus. James obtained an injunction to prevent the directors wrongfully forfeiting the claimants’ shares in the company
• Advising a high-profile founder of a start-up company on how to negotiate a dispute with a major shareholder

James has extensive experience of all aspects of real property and landlord and tenant matters.  He has particular expertise in the interaction between property law and insolvency and is regularly instructed to advise on issues such as forfeiture, receivership, disclaimer, the validity and enforceability of security and the impact of Company Voluntary Arrangements on leasehold interests.

James is a member of the Property Bar Association and the Agricultural Lawyers Association.

Recent cases include:

• Led by Zia Bhaloo KC and subsequently Tim Morshead KC on a substantial claim for professional negligence in the context of a conveyancing transaction, involving complex issues relating to an overage agreement: Tanea Holdings Limited v Bower Cotton Solicitors
• Appearing for the successful claimant in five-day trial of a proprietary estoppel claim: Attridge v Bird(https://www.dailymail.co.uk/news/article-7127619/Market-traders-daughter-71-siblings-war-London-flat-bought-40-000.html )
• Acting for the claimant in a claim for the appointment of a receiver and for dissolution of a farming partnership with assets worth several million pounds
• Acting for a successful claimant in a three-day trial seeking a declaration that the claimant had acquired an easement by prescription