Dispute Resolution

In recent years, James has taken a leading role within the firm’s dispute resolution team and is regularly instructed by officeholders, large international corporate entities, public bodies and institutional clients.

James is recognised by the leading legal directories for his work in complex high value civil litigation with an emphasis on insolvency, fraud and contentious trusts cases. He is presently instructed in various large multijurisdictional insurance company insolvencies where he advises on general aspects of insolvency law as well as advising on potential claims against former directors, auditors and third parties. 

Within the contentious trust context, James is instructed by trustees and beneficiaries in a number of beneficiary disputes.

James has taken the lead role in advising clients on contentious matters and disputes arising as a result of the use of cryptocurrency/ distributed ledger technologies and has represented various clients in disputes relating to ICO’s and other capital raising mechanisms.

Banking and Regulatory

James also has an extensive practice in non-contentious financial services matters where he regularly advises banking and other financial institutions on regulatory and contractual matters. In addition, he is also instructed by public bodies in various non-contentious matters with an emphasis on GDPR compliance.

James has advised banking and e-money entities in relation to PSDII, MiFID, CRD, Consumer Credit and other technical regulations emanating from the EU and more recently how Brexit may impact clients’ ability to continue with established business lines due to the potential loss of ‘passporting’.

Contentious work highlights include:

• Re: LAMP Insurance (in Liquidation) [2019] – Acting for the Official Receiver who, for the first time, was appointed as Liquidator of a regulated entity due to the extent of the financial collapse of the company;
• Cruz –v- FSC & Ors [2019]- acting for the Financial Services Commission on a high profile defamation case brought in connection with the failure of Enterprise Insurance;
• Re: Media Protocol [2018] – acting for the liquidator in Gibraltar’s first cryptocurrency insolvency;
• Lavarello & Hyde –v- Jyske Bank [2018] – acted for the defendant bank at first instance and on appeal in a multimillion dishonest assistance/knowing receipt claims;
• Emerald Bay –v- Bwin.Party Digital Entertainment [2017] –acted for one of the largest global gaming operators in an appeal concerning an anti-suit injunction;
• Melvin –v- Roache & Anor [2017] – instructed by the defendants in a multi-million unfair prejudice petition;
• Hill Insurance Company (in Liquidation) –v- KPMG [2016] – acting for the liquidator in a claim concerning the alleged negligent auditing of an insurance company;
• Re: Hill Insurance (in Liquidation): - acting for the liquidator advising on general insolvency matters arising from a complex multi-million pound collapse of an insurance firm as a result of fraud;
• Re: Lemma Europe Insurance Company (in Liquidation): - Collapse of a multi-jurisdictional insurance company; and
• Chevron -v- Amazonia & Ors [2015]: –acted as Junior Counsel in a multi-billion dollar fraud claim.

Non-contentious work highlights include:

• Advising regulated entities on GDPR compliance;
• Advising Public Bodies on GDPR/ Subject Access Request matters;
• Managing the transfer/sale of assets of a branch of a Swiss private bank to another banking entity in Gibraltar; and
• Drafting operational and consumer documents for the establishment of a new banking entity.

Recent articles/podcasts by James

Insolvency (Podcast)

Insolvency (Amendment) Bill 2020

Data Protection and COVID-19 – What you need to know

Is COVID-19 a force majeure event?