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James Kinman

Call: 2013

Overview

James specialises in commercial and commercial chancery litigation.  He acts in commercial, real estate, company, partnership and insolvency matters, often advising on questions of private international law.

He has been praised in the Legal 500 and Chambers and Partners for his industry, intellect, and calm under pressure.  He is said to produce work which one would expect from “a much more senior junior”, and described as “really intelligent”, “always on top of the detail”, “particularly user friendly”, and “always up to the challenge”.  He is a contributor to the leading textbook Civil Fraud: Law, Practice and Procedure. 

 

James acts, or has acted, in a range of high profile and legally significant commercial litigation, including Tugushev v Orlov, a dispute over the ownership of one of the largest fishing businesses in the world; Qatar v Banque Havilland, a claim by the State of Qatar relating to an alleged international conspiracy to manipulate its currency and bond markets; Slater & Gordon v Watchstone, a £637 million fraud and breach of warranty claim arising out of the sale of a national personal injury law firm; UC Rusal plc v Crispian Investments Ltd, an action to prevent Roman Abramovich selling shares in Russia’s largest mining company; and BTI v Sequana, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States.

Before coming to the Bar, James worked for two years as a transactional solicitor at a Magic Circle firm.  He acted on securitisations, restructurings, derivative transactions 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 has a wide experience of commercial disputes in both the Commercial Court and the Chancery Division and regularly advises on issues of disclosure, privilege, evidence, conflicts of laws, settlement, appeal and contribution, both unled and as a junior within a larger team.

Notable Cases

  • Tugushev v Orlov, a dispute over the ownership of one of the largest fishing enterprises in the world, concerning allegations of conspiracy and fraud
  • Maroil Trading, Inc v Cally Shipholdings Inc., a three-way dispute between a prominent Venezuelan businessman, the Russian shipping group Novoship and the litigation funder Burford over an alleged breach of a confidentiality agreement leading to losses said to run to tens of millions of dollars
  • 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
  • Guardian News & Media v Rubicon Project, in which the Guardian alleged that a provider of online advertising services had deducted secret commissions from its advertising revenue
  • Donovan v Grainmarket Asset Management LLP, a dispute concerning joint venturers’ respective rights following the departure of one of the two parties during the course of the venture
  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • National Infrastructure Development Co Ltd v Banco Santander SA, a dispute over whether the beneficiary of standby letters of credit relating to the extension of the Sir Solomon Hochoy Highway in Trinidad was entitled to call upon those letters
  • Cephia HK Ltd v Character Group Plc, a claim for specific performance of a share option granted by a leading toy distributor

Overview

Much of James’s practice consists of disputes in which fraud or other forms of dishonesty are alleged.  He is a contributor to the leading textbook on the subject, Civil Fraud: Law, Practice and Procedure.

Notable Cases

  • Tugushev v Orlov, a dispute over the ownership of one of the largest fishing enterprises in the world, concerning allegations of conspiracy and fraud
  • Qatar v Banque Havilland, a claim by the State of Qatar relating to an alleged international conspiracy to manipulate its currency and bond markets
  • Maroil Trading, Inc v Cally Shipholdings Inc., a three-way dispute between a prominent Venezuelan businessman, the Russian shipping group Novoship and the litigation funder Burford, which concerns the extent to which the alleged breaker of a confidence can rely upon alleged wrongdoing by the confider to excuse his breach
  • Toma Business Enterprises Limited v Collingridge, a claim by a construction business against a former employee, said to have embezzled £2.8 million
  • Slater & Gordon v Watchstone, a £637 million fraud and breach of warranty claim arising out of the sale of the personal injury law firm Quindell
  • Newson-Smith v Al Zawawi, an application to bring committal proceedings based on answers given during Part 71 proceedings

 

Overview

James routinely acts and advises on matters engaging the law of corporations, partnerships and joint ventures. 

Notable Cases

  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • Asturion Fondation v Alibrahim, a claim by a Liechtenstein foundation holding assets on behalf of the Saudi royal family to set aside a transfer of land for want of authority
  • 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
  • Reyl & Cie SA v LK Bennett Group Ltd, claims under section 423 of the Insolvency Act 1986 and in conspiracy arising out of the restructuring of the well-known fashion retailer
  • Donovan v Grainmarket Asset Management LLP, a dispute concerning joint venturers’ respective rights following the departure of one of the two parties during the course of the venture
  • James has acted in, and advised on, a number of actual and threatened actions and arbitrations relating to 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 the law of compulsory acquisition, adverse possession, the construction of leases, and disputes as to beneficial title. 

Notable Cases

  • Asturion Fondation v Alibrahim, a claim by a Liechtenstein foundation holding assets on behalf of the Saudi royal family to set aside a transfer of land for want of authority
  • Wales & West Utilities Limited v Smart Systems Limited, a claim concerning rights and liabilities relating to a high pressure gas pipeline running through industrial land in Somerset 
  • Malik v Malik, Malik and Malik, a long running family dispute over the ownership of a flat in Knightsbridge
  • 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 ​

Overview

James is routinely instructed in disputes relating to insolvency on behalf of creditors, directors and insolvency practitioners. 

Notable Cases

  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • Reyl & Cie SA v LK Bennett Group Ltd, claims under section 423 of the Insolvency Act 1986 and in conspiracy arising out of the restructuring of the well-known fashion retailer
  • 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

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 specialises in commercial and commercial chancery litigation.  He acts in commercial, real estate, company, partnership and insolvency matters, often advising on questions of private international law.

He has been praised in the Legal 500 and Chambers and Partners for his industry, intellect, and calm under pressure.  He is said to produce work which one would expect from “a much more senior junior”, and described as “really intelligent”, “always on top of the detail”, “particularly user friendly”, and “always up to the challenge”.  He is a contributor to the leading textbook Civil Fraud: Law, Practice and Procedure. 

James acts, or has acted, in a range of high profile and legally significant commercial litigation, including Tugushev v Orlov, a dispute over the ownership of one of the largest fishing businesses in the world; Qatar v Banque Havilland, a claim by the State of Qatar relating to an alleged international conspiracy to manipulate its currency and bond markets; Slater & Gordon v Watchstone, a £637 million fraud and breach of warranty claim arising out of the sale of a national personal injury law firm; UC Rusal plc v Crispian Investments Ltd, an action to prevent Roman Abramovich selling shares in Russia’s largest mining company; and BTI v Sequana, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States.

Before coming to the Bar, James worked for two years as a transactional solicitor at a Magic Circle firm.  He acted on securitisations, restructurings, derivative transactions 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 has a wide experience of commercial disputes in both the Commercial Court and the Chancery Division and regularly advises on issues of disclosure, privilege, evidence, conflicts of laws, settlement, appeal and contribution, both unled and as a junior within a larger team.

  • Tugushev v Orlov, a dispute over the ownership of one of the largest fishing enterprises in the world, concerning allegations of conspiracy and fraud
  • Maroil Trading, Inc v Cally Shipholdings Inc., a three-way dispute between a prominent Venezuelan businessman, the Russian shipping group Novoship and the litigation funder Burford over an alleged breach of a confidentiality agreement leading to losses said to run to tens of millions of dollars
  • 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
  • Guardian News & Media v Rubicon Project, in which the Guardian alleged that a provider of online advertising services had deducted secret commissions from its advertising revenue
  • Donovan v Grainmarket Asset Management LLP, a dispute concerning joint venturers’ respective rights following the departure of one of the two parties during the course of the venture
  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • National Infrastructure Development Co Ltd v Banco Santander SA, a dispute over whether the beneficiary of standby letters of credit relating to the extension of the Sir Solomon Hochoy Highway in Trinidad was entitled to call upon those letters
  • Cephia HK Ltd v Character Group Plc, a claim for specific performance of a share option granted by a leading toy distributor

Civil Fraud & Asset Recovery

Much of James’s practice consists of disputes in which fraud or other forms of dishonesty are alleged.  He is a contributor to the leading textbook on the subject, Civil Fraud: Law, Practice and Procedure.

  • Tugushev v Orlov, a dispute over the ownership of one of the largest fishing enterprises in the world, concerning allegations of conspiracy and fraud
  • Qatar v Banque Havilland, a claim by the State of Qatar relating to an alleged international conspiracy to manipulate its currency and bond markets
  • Maroil Trading, Inc v Cally Shipholdings Inc., a three-way dispute between a prominent Venezuelan businessman, the Russian shipping group Novoship and the litigation funder Burford, which concerns the extent to which the alleged breaker of a confidence can rely upon alleged wrongdoing by the confider to excuse his breach
  • Toma Business Enterprises Limited v Collingridge, a claim by a construction business against a former employee, said to have embezzled £2.8 million
  • Slater & Gordon v Watchstone, a £637 million fraud and breach of warranty claim arising out of the sale of the personal injury law firm Quindell
  • Newson-Smith v Al Zawawi, an application to bring committal proceedings based on answers given during Part 71 proceedings

 

Company, Partnerships & LLPs

James routinely acts and advises on matters engaging the law of corporations, partnerships and joint ventures. 

  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • Asturion Fondation v Alibrahim, a claim by a Liechtenstein foundation holding assets on behalf of the Saudi royal family to set aside a transfer of land for want of authority
  • 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
  • Reyl & Cie SA v LK Bennett Group Ltd, claims under section 423 of the Insolvency Act 1986 and in conspiracy arising out of the restructuring of the well-known fashion retailer
  • Donovan v Grainmarket Asset Management LLP, a dispute concerning joint venturers’ respective rights following the departure of one of the two parties during the course of the venture
  • James has acted in, and advised on, a number of actual and threatened actions and arbitrations relating to 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 the law of compulsory acquisition, adverse possession, the construction of leases, and disputes as to beneficial title. 

  • Asturion Fondation v Alibrahim, a claim by a Liechtenstein foundation holding assets on behalf of the Saudi royal family to set aside a transfer of land for want of authority
  • Wales & West Utilities Limited v Smart Systems Limited, a claim concerning rights and liabilities relating to a high pressure gas pipeline running through industrial land in Somerset 
  • Malik v Malik, Malik and Malik, a long running family dispute over the ownership of a flat in Knightsbridge
  • 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 ​

Insolvency & Restructuring

James is routinely instructed in disputes relating to insolvency on behalf of creditors, directors and insolvency practitioners. 

  • BTI 2014 LLC v Sequana SA, a multi-million Euro claim clawing back allegedly unlawful distributions, so as to fund efforts to clean rivers of environmental contamination in the United States
  • Reyl & Cie SA v LK Bennett Group Ltd, claims under section 423 of the Insolvency Act 1986 and in conspiracy arising out of the restructuring of the well-known fashion retailer
  • 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