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:

• Acted for a group of successful investors in the latest 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)
• Acting for a well-known financial institution in securing an injunction restraining the presentation of a winding up petition against it
• Acting for the liquidator of a Panamanian company in a fraud claim against a former solicitor for over £4.5m
• Acting for two creditors in an application to remove joint liquidators from office
• Acting for the officeholders in an application to remove them from office: Ve Vegas Investors IV LLC v Shinners [2018] EWHC 186 (Ch)

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 QC and subsequently Tim Morshead QC 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

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 is regularly instructed in commercial cases, often with a 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.

For several years, James was led by Peter Arden QC and Stephen Kenny QC on a claim in the Commercial Court by 350 individuals against a Cypriot bank and developer in relation to the miss-selling of Cypriot property.  The claim gave rise to jurisdiction disputes involving questions of consumer status and rights in rem.

Recent cases include:

• Representing the successful respondents in an application to discharge a freezing injunction on the grounds of alleged material non-disclosure: Bokhari v Shah [2019] WLUK 165
• Acting for the claimant in a long-running dispute against various Kuwaiti defendants involving the priority and validity of certain security interests
• Representing the claimant in the trial of a sale of goods case involving the Factors Act 1889
• Advising on the Commercial Agents (Council Directive) Regulations 1993