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James Kinman

Call: 2013

Overview

James has a broad practice across a range of commercial, real estate, company and partnership matters, often involving questions of private international law. 

He is listed in Legal 500 2021 as a “rising star” in the field of Commercial Litigation, and is a contributor to the leading textbook Civil Fraud: Law, Practice and Procedure.

 

Before coming to the Bar, James was a transactional solicitor for two years.  In that role, he acted on a variety of transactions including secured bank lending, securitisations, derivative products and debt capital market issuances. 

The clerks are happy to discuss the basis on which James will act in any given matter. In the absence of express written agreement otherwise, the terms under which James accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

“Really bright and his drafting skills are beyond his level of call. He produces work you would expect from a much more senior junior, and he is extremely good under high pressure and when facing tight deadlines. He is always up to the challenge.” (2022)

Chambers UK
Chancery: Commercial

“A particularly user-friendly junior.” (2021)

Chambers UK
Chancery: Commercial

“Really intelligent, calm under pressure, hard working, commercial, and always on top of the detail.” (2021)

Legal 500 UK
Commercial Litigation

Expertise

Overview

James acts across a wide range of domestic and international commercial disputes.

Notable Cases

  • Donovan v Grainmarket Asset Management LLP, a joint venture dispute concerning the venturers’ respective rights following the departure of one of the two parties during the course of the venture (see [2020] EWHC 17 (Comm) and [2021] EWCA Civ 686).  (Led by Jonathan Seitler QC at first instance and Paul Lowenstein QC on appeal.)
  • United Company Rusal Plc v Crispian Investments Ltd, in which Rusal, a company associated with Oleg Deripaska, prevented Crispian, a company associated with Roman Abramovich, from transferring shares in breach of a shareholders’ agreement ([2019] B.C.C. 237).  (As part of a larger counsel team including Christopher Pymont QC, David Mumford QC and Thomas Munby.)
  • BTI 2014 LLC v Sequana SA, the leading case on the application of section 423 of the Insolvency Act 1986 to distributions to shareholders and the directors’ duty to take account of creditors’ interests.  (Widely reported, including at [2019] 2 All E.R. 784 and [2019] B.C.C. 631).  (As part of a larger counsel team including Laurie Rabinowitz QC, David Mumford QC and Niranjan Venkatesan.)
  • National Infrastructure Development Co Ltd v Banco Santander SA, a dispute over whether the beneficiary of standby letters of credit relating to a major infrastructure project in Trinidad and Tobago was entitled to call upon those letters.  The latest judgment in the proceedings ([2018] 1 All E.R. (Comm) 156) is the leading authority on the test to be applied in applications for summary judgment on letters of credit.  (Led by Andrew Ayres QC at first instance and Jonathan Russen QC on appeal.)
  • Plant v Vision Games 1 Ltd, a dispute over whether the proceeds of certain tax credits were caught within a floating charge granted by a video games developer to its funder ([2018] B.P.I.R. 777).  (Led by Andrew Ayres QC.)
  • Cephia HK Ltd v Character Group Plc, a claim for specific performance of a share option granted by a leading toy distributor ([2016] EWHC 3133 (Comm)).  (Led by David Mumford

Overview

James acts in a wide range of civil fraud cases, both as sole counsel and as part of a wider counsel team.

Notable Cases

  • Tugushev v Orlov, a large-scale dispute over the ownership of one of the largest fish harvesting, processing and distribution companies in the world, concerning allegations of conspiracy and fraud.  It has generated a number of notable judgments concerning security for costs ([2018] EWHC 3471 (Comm)), jurisdiction ([2019] EWHC 645 (Comm)) the set aside of worldwide freezing orders ([2019] EWHC 2031 (Comm)), security for costs in the context of an inquiry under a cross undertaking ([2021] EWHC 743 (Comm)), issue estoppel and arbitration agreements ([2021] EWHC 926 (Comm)), and disclosure in the face of foreign criminal sanction ([2021] EWHC 1514 (Comm)).  James acts as part of a larger counsel team including Christopher Pymont QC, George Hayman QC, Benjamin John and Fiona Dewar.
  • Maroil Trading Inc v Cally Shipholdings Inc, proceedings concerning an alleged breach of confidence, met with a defence that the breach exposed serious wrongdoing and therefore is protected by a public interest defence.  The proceedings give rise to little explored questions as to causation of loss in the context of a breach of confidence and the extent to which a mercenary breach of confidence can engage a public interest defence.  (Led by Thomas Grant QC.)
  • Toma Business Enterprises Limited v Collingridge, a claim by a construction business against a former employee, said to have embezzled £2.8 million.  James acted for the successful applicant for a worldwide freezing order, led by Thomas Grant QC.
  • James is presently advising a regional real estate investment fund meet allegations that it is implicated in fraud and breaches of fiduciary duty, and assisting it in dealing with associated claims and interim applications.
  • James acted in a Commercial Court action for more than £600 million arising out of alleged fraudulent representation and breaches of warranty relating to the sale of a national business.
  • Newson-Smith v Al Zawawi, an application to bring committal proceedings based on answers given during Part 71 proceedings, in which the line between dishonest recklessness with the truth and accidental provision of inaccurate information was explored ([2017] EWHC 1876 (QB)).  (Led by Thomas Grant QC.)

Overview

James routinely acts and advises on matters engaging complex issues of corporate and partnership law.

Notable Cases

  • Asturion Fondation v Alibrahim, a dispute within the Saudi royal family over whether the board member of a Liechtenstein Foundation has validly transferred title to a Bishop’s Avenue property.  (Led by David Mumford QC.)
  • United Company Rusal Plc v Crispian Investments Ltd, in which Rusal, a company associated with Oleg Deripaska, prevented Crispian, a company associated with Roman Abramovich, from transferring shares in breach of a shareholders’ agreement ([2019] B.C.C. 237).  (As part of a larger counsel team including Christopher Pymont QC, David Mumford QC and Thomas Munby.)
  • BTI 2014 LLC v Sequana SA, the leading case on the application of section 423 of the Insolvency Act 1986 to distributions to shareholders and the directors’ duty to take account of creditors’ interests.  (Widely reported, including at [2019] 2 All E.R. 784 and [2019] B.C.C. 631).  (As part of a larger counsel team including Laurie Rabinowitz QC, David Mumford QC and Niranjan Venkatesan.)
  • James has acted in, and advised on, a number of actual and threatened actions and arbitrations regarding the expulsion of partners from partnerships and the rights and liabilities said to arise as a result.

Overview

James acts in a wide variety of real estate matters, including matters engaging questions as to the law of compulsory acquisition, adverse possession, the construction of leases, and disputes as to beneficial title.

Notable Cases

  • Arbitral and High Court proceedings concerning rights and liabilities relating to a high pressure gas pipeline running through industrial land in Somerset.  (Led by John McGhee QC.)
  • Malik v Malik, Malik and Malik, an extremely long running family dispute over the ownership of a flat in Knightsbridge.  The matter has been the subject of proceedings in England and Pakistan since 1987.  Recent judgments in the case consider the circumstances in which parallel proceedings in the County and High Courts should be consolidated ([2020] 1 P. & C. R. DG 18), the necessary intent to establish adverse possession ([2019] EWHC 1843 (Ch)) and the effect of the Coronavirus Stay ([2021] 5 WLUK 194).  (Generally sole counsel, including at trial.  Led by Timothy Dutton QC at some hearings.)
  • Chliaifchtein v 3-10 Crescent Management Limited, proceedings over whether a development for high net worth individuals was entitled to reduce its night time concierge provision from two persons to one, reported in the Evening Standard, 15 November 2017 (led by Timothy Dutton QC).

Directory quotes

Chambers UK
Chancery: Commercial

“Really bright and his drafting skills are beyond his level of call. He produces work you would expect from a much more senior junior, and he is extremely good under high pressure and when facing tight deadlines. He is always up to the challenge.” (2022)

Chambers UK
Chancery: Commercial

“A particularly user-friendly junior.” (2021)

Legal 500 UK
Commercial Litigation

“Really intelligent, calm under pressure, hard working, commercial, and always on top of the detail.” (2021)

Memberships

  • Chancery Bar Association
  • COMBAR

Recent Publications

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

James Kinman

Call: 2013

jkinman@maitlandchambers.com

“Really bright and his drafting skills are beyond his level of call. He produces work you would expect from a much more senior junior, and he is extremely good under high pressure and when facing tight deadlines. He is always up to the challenge.” (2022)

Chambers UK

Chancery: Commercial

Overview

James has a broad practice across a range of commercial, real estate, company and partnership matters, often involving questions of private international law. 

He is listed in Legal 500 2021 as a “rising star” in the field of Commercial Litigation, and is a contributor to the leading textbook Civil Fraud: Law, Practice and Procedure.

Before coming to the Bar, James was a transactional solicitor for two years.  In that role, he acted on a variety of transactions including secured bank lending, securitisations, derivative products and debt capital market issuances. 

The clerks are happy to discuss the basis on which James will act in any given matter. In the absence of express written agreement otherwise, the terms under which James accepts instructions are The Standard Contractual Terms for the Supply of Legal Services By Barristers to Authorised Persons 2020 (as updated from time to time) referred to in the BSB Handbook.

Memberships

  • Chancery Bar Association
  • COMBAR

Commercial Disputes

James acts across a wide range of domestic and international commercial disputes.

  • Donovan v Grainmarket Asset Management LLP, a joint venture dispute concerning the venturers’ respective rights following the departure of one of the two parties during the course of the venture (see [2020] EWHC 17 (Comm) and [2021] EWCA Civ 686).  (Led by Jonathan Seitler QC at first instance and Paul Lowenstein QC on appeal.)
  • United Company Rusal Plc v Crispian Investments Ltd, in which Rusal, a company associated with Oleg Deripaska, prevented Crispian, a company associated with Roman Abramovich, from transferring shares in breach of a shareholders’ agreement ([2019] B.C.C. 237).  (As part of a larger counsel team including Christopher Pymont QC, David Mumford QC and Thomas Munby.)
  • BTI 2014 LLC v Sequana SA, the leading case on the application of section 423 of the Insolvency Act 1986 to distributions to shareholders and the directors’ duty to take account of creditors’ interests.  (Widely reported, including at [2019] 2 All E.R. 784 and [2019] B.C.C. 631).  (As part of a larger counsel team including Laurie Rabinowitz QC, David Mumford QC and Niranjan Venkatesan.)
  • National Infrastructure Development Co Ltd v Banco Santander SA, a dispute over whether the beneficiary of standby letters of credit relating to a major infrastructure project in Trinidad and Tobago was entitled to call upon those letters.  The latest judgment in the proceedings ([2018] 1 All E.R. (Comm) 156) is the leading authority on the test to be applied in applications for summary judgment on letters of credit.  (Led by Andrew Ayres QC at first instance and Jonathan Russen QC on appeal.)
  • Plant v Vision Games 1 Ltd, a dispute over whether the proceeds of certain tax credits were caught within a floating charge granted by a video games developer to its funder ([2018] B.P.I.R. 777).  (Led by Andrew Ayres QC.)
  • Cephia HK Ltd v Character Group Plc, a claim for specific performance of a share option granted by a leading toy distributor ([2016] EWHC 3133 (Comm)).  (Led by David Mumford

Civil Fraud & Asset Recovery

James acts in a wide range of civil fraud cases, both as sole counsel and as part of a wider counsel team.

  • Tugushev v Orlov, a large-scale dispute over the ownership of one of the largest fish harvesting, processing and distribution companies in the world, concerning allegations of conspiracy and fraud.  It has generated a number of notable judgments concerning security for costs ([2018] EWHC 3471 (Comm)), jurisdiction ([2019] EWHC 645 (Comm)) the set aside of worldwide freezing orders ([2019] EWHC 2031 (Comm)), security for costs in the context of an inquiry under a cross undertaking ([2021] EWHC 743 (Comm)), issue estoppel and arbitration agreements ([2021] EWHC 926 (Comm)), and disclosure in the face of foreign criminal sanction ([2021] EWHC 1514 (Comm)).  James acts as part of a larger counsel team including Christopher Pymont QC, George Hayman QC, Benjamin John and Fiona Dewar.
  • Maroil Trading Inc v Cally Shipholdings Inc, proceedings concerning an alleged breach of confidence, met with a defence that the breach exposed serious wrongdoing and therefore is protected by a public interest defence.  The proceedings give rise to little explored questions as to causation of loss in the context of a breach of confidence and the extent to which a mercenary breach of confidence can engage a public interest defence.  (Led by Thomas Grant QC.)
  • Toma Business Enterprises Limited v Collingridge, a claim by a construction business against a former employee, said to have embezzled £2.8 million.  James acted for the successful applicant for a worldwide freezing order, led by Thomas Grant QC.
  • James is presently advising a regional real estate investment fund meet allegations that it is implicated in fraud and breaches of fiduciary duty, and assisting it in dealing with associated claims and interim applications.
  • James acted in a Commercial Court action for more than £600 million arising out of alleged fraudulent representation and breaches of warranty relating to the sale of a national business.
  • Newson-Smith v Al Zawawi, an application to bring committal proceedings based on answers given during Part 71 proceedings, in which the line between dishonest recklessness with the truth and accidental provision of inaccurate information was explored ([2017] EWHC 1876 (QB)).  (Led by Thomas Grant QC.)

Company, Partnerships & LLPs

James routinely acts and advises on matters engaging complex issues of corporate and partnership law.

  • Asturion Fondation v Alibrahim, a dispute within the Saudi royal family over whether the board member of a Liechtenstein Foundation has validly transferred title to a Bishop’s Avenue property.  (Led by David Mumford QC.)
  • United Company Rusal Plc v Crispian Investments Ltd, in which Rusal, a company associated with Oleg Deripaska, prevented Crispian, a company associated with Roman Abramovich, from transferring shares in breach of a shareholders’ agreement ([2019] B.C.C. 237).  (As part of a larger counsel team including Christopher Pymont QC, David Mumford QC and Thomas Munby.)
  • BTI 2014 LLC v Sequana SA, the leading case on the application of section 423 of the Insolvency Act 1986 to distributions to shareholders and the directors’ duty to take account of creditors’ interests.  (Widely reported, including at [2019] 2 All E.R. 784 and [2019] B.C.C. 631).  (As part of a larger counsel team including Laurie Rabinowitz QC, David Mumford QC and Niranjan Venkatesan.)
  • James has acted in, and advised on, a number of actual and threatened actions and arbitrations regarding the expulsion of partners from partnerships and the rights and liabilities said to arise as a result.

Real Estate

James acts in a wide variety of real estate matters, including matters engaging questions as to the law of compulsory acquisition, adverse possession, the construction of leases, and disputes as to beneficial title.

  • Arbitral and High Court proceedings concerning rights and liabilities relating to a high pressure gas pipeline running through industrial land in Somerset.  (Led by John McGhee QC.)
  • Malik v Malik, Malik and Malik, an extremely long running family dispute over the ownership of a flat in Knightsbridge.  The matter has been the subject of proceedings in England and Pakistan since 1987.  Recent judgments in the case consider the circumstances in which parallel proceedings in the County and High Courts should be consolidated ([2020] 1 P. & C. R. DG 18), the necessary intent to establish adverse possession ([2019] EWHC 1843 (Ch)) and the effect of the Coronavirus Stay ([2021] 5 WLUK 194).  (Generally sole counsel, including at trial.  Led by Timothy Dutton QC at some hearings.)
  • Chliaifchtein v 3-10 Crescent Management Limited, proceedings over whether a development for high net worth individuals was entitled to reduce its night time concierge provision from two persons to one, reported in the Evening Standard, 15 November 2017 (led by Timothy Dutton QC).