James is a solicitor advocate and Partner in the firm's dispute resolution division in London.
James has been advising clients on a wide range of commercial disputes for over 20 years. He is best known for his work in the energy sector but his experience also covers IT, cryptocurrency, consumer, logistics and defence.
He is recognised by the main directories; Legal 500 2024 and Chambers UK 2024 both list him as a "Leading Individual". Commentary includes: "the go-to name on the team for contentious matters, with his experience including cross-border disputes related to major energy projects" (Legal 500) and "He's strategic, tough and shrewd; he understands the client and what they need to achieve" (Chambers UK).
Within the energy sector, James has worked on some of the most high profile cases to come before the English courts in recent years. His experience covers cross-border disputes in the context of major upstream projects, drilling contracts, joint ventures and gas sales agreements, including challenges to the jurisdiction of the English courts and parallel proceedings in foreign courts. He has advised on claims arising out of projects in the UK, Norway, West Africa, the Middle East and Central Asia.
James has particularly strong experience of gas and LNG price reviews under long-term sale and purchase agreements, and is a contributor to "Liquefied Natural Gas: The Law and Business of LNG".
He has also helped clients with substantial claims concerning fraud, negligence and breach of contract in relation to large IT projects, consumer products and logistics and communications technology. His recent experience includes advising in relation to the collapse of the FTX cryptocurrency exchange, as well as on issues arising out of COVID, allegations of directors' conflicts of interest and the energy transition.
Background
James qualified as a solicitor in 2000 at what was then Herbert Smith. In 2001 he was seconded to work in the London office of a major international oil company for nine months.
He was a member of the team that won Litigation Team of the Year at The Lawyer Awards 2010, as well as the Litigation and Regulatory Team of the Year at the Legal Week British Legal Awards 2010 and Dispute Resolution Team of the Year at the Legal Business Awards 2011.
Experience & expertise
Selected matters
- An international oil major on a claim for more than US$ 1 billion relating to an oil & gas project in the Arctic circle. The case was brought in the High Court in London but also involved a linked criminal investigation. It included very significant claims for lost profits relating to an allegedly lost opportunity to develop a new gas transportation technology
- BP in the case of Apache North Sea v NEO, Esso, Shell and BP [2023] EWHC 1345 (Comm), concerning expedited proceedings in relation to the interpretation of a Decommissioning Security Agreement. The judgment also considered at length the scope of expert determination and the role of the court in the event of a dispute arising from such a determination
- BP, Eni, JX Nippon and Repsol Sinopec in their successful defence of an £85 million damages claim both in the Commercial Court in 2015 and in the Court of Appeal in 2016, brought by Scottish Power under a gas sales agreement relating to the Andrew Field in the UK sector of the North Sea
- Providence Resources Plc against Transocean in the Commercial Court in 2014 and the Court of Appeal in 2016 concerning claims under a drilling contract following significant problems with the well control equipment, including the BOP, on a semi-submersible drilling rig. The case was widely commented on as one of the most important decisions in relation to the UK offshore oil industry at the time
- Various energy companies in Europe and Asia on price review arbitrations under long-term gas and LNG sale and purchase agreements, involving claims in connection with oil price trends, developments in world gas markets, COVID and the war in Ukraine
- An international oil company on potential claims under force majeure provisions, arising as a result of political and social unrest in the Niger delta
- An international oil company on potential claims arising under transportation and joint operating agreements relating to a major safety incident on a production platform in the North Sea, including issues relating to the UKCS offshore safety and environmental protection regimes
- A UK corporate in relation to claims for the repayment of funds in the FTX bankruptcy proceedings in the US, following the collapse of the cryptocurrency exchange in 2022 and the subsequent conviction of its founder, Sam Bankman-Fried
- The founders of a market-leading payments company in a claim against a buyer that had sought to exercise a material adverse change clause under the Share Purchase Agreement as a result of COVID. The trial took place in the Commercial Court in October 2020 on an expedited timetable and was the first time that this type of provision was considered by the English courts in the context of the pandemic
- An international technology company in an arbitration conducted under the rules of the Arbitration Institute of the Stockholm Chamber of Commerce relating to a developer of GPS technology for handheld devices
- A US based outsourcing company on a dispute under a technology services agreement relating to the provision of scanning and document management services in India and Mexico
- A major oil products supplier in relation to potential claims arising from allegations concerning the contamination of lubricants for gearboxes to be installed in cars and the resulting requirements for the car manufacturer to issue recalls in a number of its markets
- A high street retail company in relation to claims against a major logistics company concerning alleged misrepresentations in the context of a contract for a road haulage distribution network. The allegations related to potential fraud in the context of representations made about the capabilities of the distribution network and its IT infrastructure
- Sky on its successful claim against EDS (now part of Hewlett Packard) for deceit, negligent misrepresentation and breach of contract arising out of the installation of a new customer relationship management system
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