James Colvin
Partner
Dispute Resolution and Commercial Litigation
James is an experienced commercial dispute resolution and litigation Partner. He has a wide-ranging practice covering commercial, corporate, contract and negligence disputes, as well as banking litigation. James advises in all areas of dispute resolution including Court litigation, arbitration and ADR, with a particular focus on mediation. James aims to use the most appropriate forum to achieve the best commercial outcome for his clients.
James’ practice focuses predominantly on commercial and banking disputes often involving issues of negligence, misrepresentation, breach of fiduciary duty, enforcement of guarantees and contractual disputes, as well as director/shareholder and partnership disputes.
James also deals with claims involving the sale of goods including retention of title issues, warranty claims, professional negligence, commercial and corporate fraud particularly following an insolvency event, including misappropriation and concealment of assets, debt recovery and contentious insolvency matters.
James qualified as a solicitor in 1999.
Work highlights
CONTRACT DISPUTE
Successfully acted for NatWest in the case of Steiner v National Westminster Bank plc [2022] EWHC 2519 (KB). The case concerned the meaning of the word “arrangements” in section 12(b) of the Consumer Credit Act 1974 (the CCA) and arose where the recipient of the payment was different to the supplier
RIGHTS AND OBLIGATIONS
Advising a company in respect of a claim regarding car parking rights and specific performance of building obligations near Heathrow Airport in the reported case of Airport Industrial GP Ltd v Heathrow Airport Ltd and AP16 Ltd [2015] EWHC 3753 (Ch).
PROFESSIONAL NEGLIGENCE
Advising a leading high street bank in respect of a claim against it for c.£20 million involving issues of professional negligence, breach of fiduciary duties, breach of mandate, concealment and dishonest assistance
BANKRUPTCY
Advising an offshore lender in respect of a number of matters including the enforcement of loans / security, the appointment of receivers, the enforcement of personal guarantees, bankruptcy proceedings and professional negligence claims against surveyors and accountants
WRONGFUL TRADING
Advising an insolvency practitioner in respect of a claim against company directors for over £1 million involving wrongful trading, transactions at an undervalue, debt and misfeasance
Services
Sectors
Recent articles
Insights
Supreme Court refused permission to appeal decision in Morley (t/a Morley Estates) -v- The Royal Bank of Scotland Plc [2021] EWCA Civ 338
11/11/2022
Insights
Card issuers will now be able to argue against a wider interpretation of “arrangements” following the High Court’s judgment in Steiner v National Westminster Bank plc
10/11/2022
Insights
The case of Ahuja Investments Limited v Victorygame Limited provides a clear example of how the principles of the law of penalties apply to default interest clauses commonly found in finance agreements
07/03/2022