James’s banking & finance litigation experience includes advising / acting for:

• An industrial and trading conglomerate on a range of cross-border contentious matters and high court litigation following the collapse of Greensill Capital in the UK and Greensill Bank in Germany. This includes English Commercial Court litigation disputing the enforcement of a share pledge and a battle for ownership over Europe’s largest aluminium smelter.
• A financial institution responding to an urgent injunction and claim after it was required to suspend accounts and cease providing banking and other services for regulatory reasons.
• An international bank in relation to arbitration proceedings to enforce rights under a complex cross-border guarantee structure, involving English, French and UAE governed contracts.
• Banks on multi-million-pound close-out disputes under ISDA Master Agreements.
• A global bank on litigation risk around sanctions legislation and the civil law impact on ISDA trades and nostro/vostro accounts.
• A Nordic bank on claims regarding the wrongful termination of a multi-million-pound outsourcing services agreement relating to the provision of FX banknotes.
• A broker on disputed margin calls, events of default and claims around termination of trading relationships.
• A bank successfully defending a complex £30m group action misselling claim from individuals who purported to invest in a series of tax mitigation schemes.
• The London branch of an international bank in relation to the enforcement of a commercial loan in default – advice included on default and acceleration of the loan, the validity of the bank’s security and the appointment of receivers over secured property.
• Financial institutions on various trade finance issues including claims under letters of credit.
• A monitoring committee of approximately 20 lenders in support of a contested application for an order to grant a scheme of arrangement, which related to a USD900m restructuring of a European head-quartered group of companies and was part of the first ever parallel use of an English scheme of arrangement and a Dutch restructuring scheme.
• A bank’s subsidiary on a JV dispute with a fintech unicorn involving a note purchase and convertible credit agreements, as well as warranty claims and allegations of non-financial misconduct.
• A $20m claim against a pension fund following default under secured notes
• A syndicate of banks on a successful €46m Commercial Court claim against an Indian and Portuguese manufacturing conglomerate in relation to non-payment of amounts due under a credit facility. The claim included defending a €175m counterclaim and subsequent enforcement action in a number of jurisdictions.
• A bank in an $850 million dispute with a Vincent Tchenguiz property group, concerning issues arising out of termination of the loan facility and interest rate & inflation swaps.
• An international bank, defending a claim seeking payment under the terms of an on-demand guarantee where making payment was contrary to the terms of a foreign court order.
• A global inter-dealer broker on various warranty and indemnity claims arising out of a share purchase agreement.
• A major international bank on a global regulatory investigation into alleged bribery and corruption (including investigations by the DOJ, SEC and enquiries by other regulators) regarding its hiring practices and use of business consultants, as well as related litigation.
• A major international bank on its global regulatory investigation into LIBOR misconduct, which culminated in US$2.5bn settlements with a number of UK and US authorities, as well as related litigation.

James’s civil fraud experience includes advising / acting for:

• An airline in a hundred-million-pound ICC arbitration involving bribery, deceit, conspiracy, undue influence, dishonest assistance, procuring a breach of contract and breach of confidence claims against an aircraft manufacturer.
• A bank successfully defending two related high profile billion-pound and hundred-million-pound group action deceit, conspiracy, and dishonest assistance claims concerning certain tax-advantaged film finance structures. This was one of the Lawyers’ Top 20 cases for 2024.
• Financial institutions and technology companies on claims and issues arising out of payments fraud by third parties including successful recovering funds in connection with APP and supplier invoice fraud.
• A conglomerate in a claim against a competitor which had misappropriated the clients’ assets under the guise of a loan-to-own strategy.
• Banks and payment companies responding to a range of pre-action, Norwich Pharmacal and other third-party disclosure applications and freezing injunctions in connection with high value fraud claims.
• A hedge fund in parallel civil and criminal proceedings in relation to the theft of highly confidential information and trading algorithms.
• An energy company responding to a freezing injunction and a mass tort claim from hundreds of claimants.
• A global development institution on an arbitration dispute with an African company. The case involved anti-suit injunctions and applications for committal for contempt of court.
• A major investment bank defending a High Court claim from a former senior executive that included allegations of conspiracy and an application for urgent interim injunctive relief.
• An individual and his associated companies defending a freezing injunction and proceedings in the High Court by a Portuguese state-related company.
• An investment fund defending a claim in the Cayman Islands arising out of the Madoff fraud.

James’s fintech and cryptoasset dispute experience includes advising / acting for:

• The creator and developer of a DeFi protocol successfully defending a claim from investors following the collapse of a DeFi pool.
• A blockchain technology developer advising on a range of litigation, sanctions and strategic risk management advice including for software developers and engineers.
• A payments company advising on worldwide freezing orders made in connection with the Tulip Trading Ltd v Bitcoin Association for BSV [2023] EWCA Civ 83 and Crypto Open Patent Alliance v Craig Steven Wright [2024] EWHC 1198 (Ch) litigation.
• A cryptocurrency exchange successfully rebutting a £5m claim regarding the termination of a sponsorship agreement given changes to the cryptoassets financial promotion rules and regulatory regime.
• Advising a Swiss investment fund on asset recovery from developers involved in an orchestrated pump-and-dump scheme of multiple tokens.
• Advising a tech client on a $5.5m dispute regarding the misappropriation of monies in connection with the purchase and installation of bitcoin mining rigs.
• A major online platform – in a standalone Article 101 and 102 claims against another major online platform
• An online trading provider on a contractual termination dispute regarding the launch and operation of a global investments’ mobile application.
• An FI on a contractual termination dispute with a software firm regarding a high value technology and outsourcing project.
• A product and technology company on a dispute with a designer, developer and manufacturer of imaging technologies.
• Payment companies on dozens of merchant and customer claims.
• FinTechs, corporates and individuals on various shareholder and other contractual disputes