Senior Associate | · SCA Creque · British Virgin Islands
James joined SCA Creque in 2011. James undertakes a range of dispute resolution work with a focus on cross-border commercial litigation and insolvency. Prior to joining the firm, James was a solicitor in the Litigation department of London law firm, Fladgate LLP.
- Acting on various matters over four years in connection with Bernard Madoff’s ponzi scheme (SCA Creque acts as BVI Special Counsel to the Trustee of Bernard Madoff Investment Securities LLC and the Estate of Bernard Madoff).
- Acting for Defendants/Appellants in BVI proceedings concerning alleged unfair prejudice. Obtaining a stay of those proceedings following an application that was determined by the Privy Council in January 2016 concerning whether terms of an ICC Arbitration clause found within a shareholders’ agreement were mandatory or permissive in nature: Anzen Ltd., Lund 3 APS, Travellab Global AB (Appellants) v Hermes One Ltd. (Respondent) JCPC 2015/0041.
- Arbitration: ICC Arbitration experience concerning claims for, inter alia, breach of contract and breach of fiduciary duty.
- Insolvency: A range of matters, including acting for foreign companies in applications to appoint liquidators of BVI companies. Advising Insolvency Practitioners in respect of misfeasance claims. Experience of Company Creditors’ Arrangements.
- Conspiracy/Fraud: Acting for a foreign company against its BVI joint-venture partner and directors in BVI litigation and foreign arbitral proceedings. Acting for Gibraltar lawyers in connection with BVI court proceedings involving allegations of fraud.
- Injunctive relief: Obtaining freezing injunctions from the BVI Commercial Court (including “Black Swan” injunctive relief) in connection with various cross-border disputes. Obtaining “Norwich Pharmacal” relief from the BVI Commercial Court.
- Acting for a Formula One motor-racing team on a number of reported decisions before the English High Court and the Court of Appeal: Force India Formula One Team Ltd v Etihad Airways PJSC (1) Aldar Properties PJSC (2)  EWHC 2768 (QB), Giedo Van Der Garde BV & Anor v Force India Formula One Team Ltd  EWHC 2373 (QB). Roldan Rodriguez v Force India Formula One Team Ltd  EWCA Civ 1513.
- Breach of fiduciary duty: Acting for a Liechtenstein foundation in a successful claim for breach of fiduciary duty against an art dealer in respect of secret profit retained on the sale of a Leonardo da Vinci drawing: Accidia Foundation v Simon C Dickinson Ltd  EWHC 3058 (Ch).
- Banking litigation: Acting for the liquidator in a successful claim against a global bank in relation to discrepant documents presented under a Standby Letter of Credit: Swotbooks.com Limited v Royal Bank of Scotland Plc  EWHC 2025 (QB).
- Obtaining orders for the recognition and enforcement of foreign arbitral awards and judgments.
- ADR: Attended numerous mediations of high-value disputes.
- James is a graduate of the University of Portsmouth and the College of Law.
- James trained with Fladgate LLP from 2007, qualifying as a solicitor in 2009.
- James is a member of the Recovery & Insolvency Specialists Association.