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James Mitchell

Call: 2018

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Overview

James has a busy commercial chancery practice and regularly acts in civil fraud, commercial, insolvency and property disputes.

James is experienced working as part of a team or as sole counsel, and he regularly appears in the High Court and County Court unled. He has experience acting on all stages of dispute resolution, from pre-issue through to enforcement of judgments in both court and arbitration proceedings.

 

James joined Maitland in September 2019 after successfully completing his pupillage under the supervision of Laurie Scher, Narinder Jhittay, Jonathan Allcock and Tim Calland. He has a varied practice across the commercial chancery sphere. His work ranges from international civil fraud cases to claims about property rights and he acts for a both large corporations and private individuals involved in commercial and commercial chancery disputes and litigation.

James’ clerks are happy to discuss the terms on which he accepts instructions. However, in the absence of written agreement otherwise, James accepts instructions on the BSB’s Standard Contractual Terms for the Supply of Services by Barristers to Authorised Persons (2012) (as updated for the GDPR in 2018). A link to those terms can be found here.

Before starting pupillage, James read law as an undergraduate at the University of Cambridge and read for the Bachelors of Civil Law at the University of Oxford where he took papers in Commercial Remedies, Corporate Insolvency Law, Legal Concepts of Financial Law and Restitution of Unjust Enrichment. James was also a research assistant for the Secured Transaction Law Reform Project, which is an academic project aiming to set a framework for uniformly reforming the law about taking security over personal property, conducting research about a number of different legal systems.

Expertise

Commercial Disputes 

Overview

James is happy to be instructed at either end of the scale of commercial litigation. He has been instructed as part of a junior counsel team for large scale commercial claims but has also acted as sole counsel for lower value claims in the County Court. James is happy dealing with issues of jurisdiction and conflicts of laws and was recently instructed in WWRT Ltd v Tyschenko [2021] EWHC 939 which raised a novel point of the intersection between the Brussels Recast Regulation and international insolvency

Notable Cases

  • WWRT Ltd v Tyshchenko (2021-): instructed (led by Andrew Ayres KC and Thomas Munby KC) for the Claimants in a substantial claim under Ukrainian Law for the return date of a worldwide freezing injunction, jurisdiction challenge, and cross-examination application. It led to a judgment reported at [2021] EWHC 939 (Ch) which considered the interplay of modified universalism in cross-border insolvency with the Brussels Recast Regulation.
  • Acting (led by Nicholas Peacock KC and Rosanna Foskett) for the Defendants on two complex claims commenced by the FCA and individual investors which include claims alleging contraventions of FSMA 2000 and the FSA 2012. James appeared unled in an interim application for an extension of time before a Master.
  • Acted for a bank who successfully obtained summary judgment defending a claim relating to an international funds transfer.
  • Advised (led by Catherine Addy KC) on a claim and counterclaim relating to unpaid consultancy fees.
  • Assisted (led by Thomas Grant KC and Maxim Cardew) in a complicated family dispute raising issues about fiduciary duties and the giving of an account.

Civil Fraud & Asset Recovery 

Overview

James has been instructed on civil fraud claims both onshore and offshore. James has recently been instructed in proceedings in the Isle of Man including on a successful appeal relating to orders for disclosure to support the continuation of a Chabra worldwide freezing injunction.

Notable Cases

  • WWRT Ltd v Tyshchenko (2021-): instructed (led by Andrew Ayres KC and Thomas Munby KC) for the Claimants in a substantial claim under Ukrainian Law for the return date of a worldwide freezing injunction, jurisdiction challenge, and cross-examination application. It led to a judgment reported at [2021] EWHC 939 which considered the interplay of modified universalism in cross-border insolvency with the Brussels Recast Regulation.
  • VTB Bank (Public Joint-Stock Company) & Ors v Mazurov & Ors: Instructed (with Gabriella McNicholas and Andrew McLeod) in the Isle of Man in enforcement proceedings and resisting applications to discharge freezing relief obtained in support of foreign judgments. James was instructed on the successful appeal of a disclosure order, whereby a Chabra defendant (and interveners) were ordered to provide disclosure pending an application to discharge a freezing injunction.
  • Instructed in a number of matters about enforcement of judgments, including third party debt orders and charging orders.

Insolvency & Restructuring 

Overview

James has a busy insolvency practice and has acted on numerous bankruptcy and insolvency applications as sole counsel in the High Court and County Court. James is also familiar with cross-border insolvency issues.

Notable Cases

  • Advised (led by Nicholas Peacock KC) the Financial Conduct Authority in respect of a proposed administration of a regulated company.
  • Acted (led by John Briggs) in a three day final hearing of a contested bankruptcy petition and corresponding application for recognition under the CBIR for an interested creditor.
  • Instructed in proceedings in the British Virgin Islands, successfully defending a winding up petition presented in a multi-jurisdictional dispute. Issues included various estoppels, financial assistance, guarantees and agreements to arbitrate.
  • Acted in numerous winding up petitions and bankruptcy petitions, including a half day disputed petition in the High Court and an ongoing petition to wind up a dissolved foreign company.

Banking & Financial Services 

Overview

An important part of James’ commercial practice includes cases in the sphere of Banking & Financial Services. His practice in this area ranges from acting as part of a counsel team defending a claim that an investment is a collective investment scheme, to acting or advising as sole counsel on numerous smaller disputes particularly in the sphere of retail banking.

Notable Cases

  • Acting (led by George Hayman KC) in an LCIA arbitration regarding the repayment of a syndicated loan for a construction project.
  • Acting (led by Nicholas Peacock KC and Rosanna Foskett) for the Defendants on two complex claims commenced by the FCA and individual investors which include claims alleging contraventions of FSMA 2000 and the FSA 2012. James appeared unled in an interim application for an extension of time before a Master.
  • Advised (led by Nicholas Peacock KC) the Financial Conduct Authority in respect of a proposed administration of a regulated company.
  • Acted for a bank who successfully obtained summary judgment defending a claim relating to an international funds transfer. This case raised issues under the Payment Services Regulations 2017.
  • Appeared unled for a bank on a successful strike out application in the High Court, striking out a claim alleging that a mortgage was void on its merits and on the basis of an issue estoppel.
  • Advised on issues about the regulation of loans under the Consumer Credit Act 1974.

Real Estate 

Overview

James regularly advises and acts on range of real estate matters. These include claims relating to real property, landlord and tenant matters, or claims about the beneficial ownership of property. James also acts in possession proceedings and has experience dealing with charging orders following judgment.

Notable Cases

  • Acting (led by John McGhee KC) on a claim about rights of way over commercial property.
  • Sole advocate for the successful defendant in a 2-day multi-track trial in the Central London County Court concerning the sale of the beneficial interest under a trust of a property, which raised issues about formalities for such a transaction, equitable assignment and proprietary estoppel.
  • Appeared unled for a bank on a successful strike out application in the High Court, striking out a claim alleging that a mortgage was void on its merits and on the basis of an issue estoppel.
  • Acted for the Claimant in a substantial claim for a declaration that there was a common intention constructive trust over a property owned by his ex-partner.
  • Acted for a defendant landlord in an application to appoint a manager under section 24 of the Landlord and Tenant Act 1987 in the First-tier Tribunal.
  • James accepts instructions for all kinds of possession proceeding and has been instructed on a number of claims against trespassers, including obtaining an urgent abridgement of time to serve possession proceedings in the High Court.

Arbitration 

Overview

James also has a busy arbitration practice, recently appearing in a six day final arbitration hearing concerning the development of part of the London Docklands. James also has experience on the process for enforcing arbitration awards by orders of the Commercial Court.

Notable Cases

  • Acting (led by George Hayman KC) in an LCIA arbitration regarding the repayment of a syndicated loan for a construction project.
  • Acted (led by George Hayman KC) in an ICC Arbitration concerning the development of part of the London Docklands, for which there was a six-day final hearing.

International & Offshore 

Overview

James is happy to be instructed in offshore work, and has experience working as part of a counsel team offshore or assisting local advocates in commercial and insolvency cases.

Notable Cases

  • VTB Bank (Public Joint-Stock Company) & Ors v Mazurov & Ors: Instructed (with Gabriella McNicholas and Andrew McLeod) in the Isle of Man in enforcement proceedings and resisting applications to discharge freezing relief obtained in support of foreign judgments. James was instructed on the successful appeal of a disclosure order, whereby a Chabra defendant (and interveners) were ordered to provide disclosure pending an application to discharge a freezing injunction.
  • Instructed in proceedings in the British Virgin Islands, successfully defending a winding up petition presented in a multi-jurisdictional dispute. Issues included various estoppels, financial assistance, guarantees and agreements to arbitrate.
 

Private Client 

Overview

James has experience advising on private client matters. In particular James has recently been instructed on a substantial claim for relief under the Inheritance (Provision for Family and Dependants) Act 1975.

Notable Cases

  • Advised (led by Thomas Munby KC) on a substantial claim for relief under the Inheritance (Provision for Family and Dependants) Act 1975.

Professional Negligence 

Overview

James acts in a number of professional negligence disputes, including those relating to conveyancing and in a claim against solicitors relating to the setting up of an LLP. James has recently delivered “back to basics” training on professional negligence claims in the context of mortgage lending.

Company, Partnerships & LLPs 

Overview

James is regularly instructed on matters raising issues of company law. James has been instructed on cases seeking restoration of companies to the register, rectification of the register of companies and vesting orders of property following the dissolution of a company.

Memberships

  • COMBAR
  • Chancery Bar Association

Qualifications

  • BCL, University of Oxford (University College) (2017).
  • BA (Law), University of Cambridge (Downing College): First (2016)

Awards 

  • Lord Mansfield Scholarship, Lincoln’s Inn (2018)
  • Hardwick Entrance Scholarship, Lincoln’s Inn (2017)
  • Seton Scholar, Downing College (2016)
  • Clifford Chance CJ Hamson Prize for Aspects of Obligations, University of Cambridge (2016)
  • Wilsey and Lerch Scholar, Downing College (2015)

 

 clerks@maitlandchambers.com                                                                  

  +44 (0)20 7406 1200

James Mitchell

Call: 2018

jmitchell@maitlandchambers.com

Overview

James has a busy commercial chancery practice and regularly acts in civil fraud, commercial, insolvency and property disputes.

James is experienced working as part of a team or as sole counsel, and he regularly appears in the High Court and County Court unled. He has experience acting on all stages of dispute resolution, from pre-issue through to enforcement of judgments in both court and arbitration proceedings.

James joined Maitland in September 2019 after successfully completing his pupillage under the supervision of Laurie Scher, Narinder Jhittay, Jonathan Allcock and Tim Calland. He has a varied practice across the commercial chancery sphere. His work ranges from international civil fraud cases to claims about property rights and he acts for a both large corporations and private individuals involved in commercial and commercial chancery disputes and litigation.

James’ clerks are happy to discuss the terms on which he accepts instructions. However, in the absence of written agreement otherwise, James accepts instructions on the BSB’s Standard Contractual Terms for the Supply of Services by Barristers to Authorised Persons (2012) (as updated for the GDPR in 2018). A link to those terms can be found here.

Before starting pupillage, James read law as an undergraduate at the University of Cambridge and read for the Bachelors of Civil Law at the University of Oxford where he took papers in Commercial Remedies, Corporate Insolvency Law, Legal Concepts of Financial Law and Restitution of Unjust Enrichment. James was also a research assistant for the Secured Transaction Law Reform Project, which is an academic project aiming to set a framework for uniformly reforming the law about taking security over personal property, conducting research about a number of different legal systems.

Memberships

  • COMBAR
  • Chancery Bar Association

Qualifications

  • BCL, University of Oxford (University College) (2017).
  • BA (Law), University of Cambridge (Downing College): First (2016)

Awards 

  • Lord Mansfield Scholarship, Lincoln’s Inn (2018)
  • Hardwick Entrance Scholarship, Lincoln’s Inn (2017)
  • Seton Scholar, Downing College (2016)
  • Clifford Chance CJ Hamson Prize for Aspects of Obligations, University of Cambridge (2016)
  • Wilsey and Lerch Scholar, Downing College (2015)

 

Commercial Disputes

James is happy to be instructed at either end of the scale of commercial litigation. He has been instructed as part of a junior counsel team for large scale commercial claims but has also acted as sole counsel for lower value claims in the County Court. James is happy dealing with issues of jurisdiction and conflicts of laws and was recently instructed in WWRT Ltd v Tyschenko [2021] EWHC 939 which raised a novel point of the intersection between the Brussels Recast Regulation and international insolvency

  • WWRT Ltd v Tyshchenko (2021-): instructed (led by Andrew Ayres KC and Thomas Munby KC) for the Claimants in a substantial claim under Ukrainian Law for the return date of a worldwide freezing injunction, jurisdiction challenge, and cross-examination application. It led to a judgment reported at [2021] EWHC 939 (Ch) which considered the interplay of modified universalism in cross-border insolvency with the Brussels Recast Regulation.
  • Acting (led by Nicholas Peacock KC and Rosanna Foskett) for the Defendants on two complex claims commenced by the FCA and individual investors which include claims alleging contraventions of FSMA 2000 and the FSA 2012. James appeared unled in an interim application for an extension of time before a Master.
  • Acted for a bank who successfully obtained summary judgment defending a claim relating to an international funds transfer.
  • Advised (led by Catherine Addy KC) on a claim and counterclaim relating to unpaid consultancy fees.
  • Assisted (led by Thomas Grant KC and Maxim Cardew) in a complicated family dispute raising issues about fiduciary duties and the giving of an account.

Civil Fraud & Asset Recovery

James has been instructed on civil fraud claims both onshore and offshore. James has recently been instructed in proceedings in the Isle of Man including on a successful appeal relating to orders for disclosure to support the continuation of a Chabra worldwide freezing injunction.

  • WWRT Ltd v Tyshchenko (2021-): instructed (led by Andrew Ayres KC and Thomas Munby KC) for the Claimants in a substantial claim under Ukrainian Law for the return date of a worldwide freezing injunction, jurisdiction challenge, and cross-examination application. It led to a judgment reported at [2021] EWHC 939 which considered the interplay of modified universalism in cross-border insolvency with the Brussels Recast Regulation.
  • VTB Bank (Public Joint-Stock Company) & Ors v Mazurov & Ors: Instructed (with Gabriella McNicholas and Andrew McLeod) in the Isle of Man in enforcement proceedings and resisting applications to discharge freezing relief obtained in support of foreign judgments. James was instructed on the successful appeal of a disclosure order, whereby a Chabra defendant (and interveners) were ordered to provide disclosure pending an application to discharge a freezing injunction.
  • Instructed in a number of matters about enforcement of judgments, including third party debt orders and charging orders.

Insolvency & Restructuring

James has a busy insolvency practice and has acted on numerous bankruptcy and insolvency applications as sole counsel in the High Court and County Court. James is also familiar with cross-border insolvency issues.

  • Advised (led by Nicholas Peacock KC) the Financial Conduct Authority in respect of a proposed administration of a regulated company.
  • Acted (led by John Briggs) in a three day final hearing of a contested bankruptcy petition and corresponding application for recognition under the CBIR for an interested creditor.
  • Instructed in proceedings in the British Virgin Islands, successfully defending a winding up petition presented in a multi-jurisdictional dispute. Issues included various estoppels, financial assistance, guarantees and agreements to arbitrate.
  • Acted in numerous winding up petitions and bankruptcy petitions, including a half day disputed petition in the High Court and an ongoing petition to wind up a dissolved foreign company.

Banking & Financial Services

An important part of James’ commercial practice includes cases in the sphere of Banking & Financial Services. His practice in this area ranges from acting as part of a counsel team defending a claim that an investment is a collective investment scheme, to acting or advising as sole counsel on numerous smaller disputes particularly in the sphere of retail banking.

  • Acting (led by George Hayman KC) in an LCIA arbitration regarding the repayment of a syndicated loan for a construction project.
  • Acting (led by Nicholas Peacock KC and Rosanna Foskett) for the Defendants on two complex claims commenced by the FCA and individual investors which include claims alleging contraventions of FSMA 2000 and the FSA 2012. James appeared unled in an interim application for an extension of time before a Master.
  • Advised (led by Nicholas Peacock KC) the Financial Conduct Authority in respect of a proposed administration of a regulated company.
  • Acted for a bank who successfully obtained summary judgment defending a claim relating to an international funds transfer. This case raised issues under the Payment Services Regulations 2017.
  • Appeared unled for a bank on a successful strike out application in the High Court, striking out a claim alleging that a mortgage was void on its merits and on the basis of an issue estoppel.
  • Advised on issues about the regulation of loans under the Consumer Credit Act 1974.

Real Estate

James regularly advises and acts on range of real estate matters. These include claims relating to real property, landlord and tenant matters, or claims about the beneficial ownership of property. James also acts in possession proceedings and has experience dealing with charging orders following judgment.

  • Acting (led by John McGhee KC) on a claim about rights of way over commercial property.
  • Sole advocate for the successful defendant in a 2-day multi-track trial in the Central London County Court concerning the sale of the beneficial interest under a trust of a property, which raised issues about formalities for such a transaction, equitable assignment and proprietary estoppel.
  • Appeared unled for a bank on a successful strike out application in the High Court, striking out a claim alleging that a mortgage was void on its merits and on the basis of an issue estoppel.
  • Acted for the Claimant in a substantial claim for a declaration that there was a common intention constructive trust over a property owned by his ex-partner.
  • Acted for a defendant landlord in an application to appoint a manager under section 24 of the Landlord and Tenant Act 1987 in the First-tier Tribunal.
  • James accepts instructions for all kinds of possession proceeding and has been instructed on a number of claims against trespassers, including obtaining an urgent abridgement of time to serve possession proceedings in the High Court.

Arbitration

James also has a busy arbitration practice, recently appearing in a six day final arbitration hearing concerning the development of part of the London Docklands. James also has experience on the process for enforcing arbitration awards by orders of the Commercial Court.

  • Acting (led by George Hayman KC) in an LCIA arbitration regarding the repayment of a syndicated loan for a construction project.
  • Acted (led by George Hayman KC) in an ICC Arbitration concerning the development of part of the London Docklands, for which there was a six-day final hearing.

International & Offshore

James is happy to be instructed in offshore work, and has experience working as part of a counsel team offshore or assisting local advocates in commercial and insolvency cases.

  • VTB Bank (Public Joint-Stock Company) & Ors v Mazurov & Ors: Instructed (with Gabriella McNicholas and Andrew McLeod) in the Isle of Man in enforcement proceedings and resisting applications to discharge freezing relief obtained in support of foreign judgments. James was instructed on the successful appeal of a disclosure order, whereby a Chabra defendant (and interveners) were ordered to provide disclosure pending an application to discharge a freezing injunction.
  • Instructed in proceedings in the British Virgin Islands, successfully defending a winding up petition presented in a multi-jurisdictional dispute. Issues included various estoppels, financial assistance, guarantees and agreements to arbitrate.
 

Private Client

James has experience advising on private client matters. In particular James has recently been instructed on a substantial claim for relief under the Inheritance (Provision for Family and Dependants) Act 1975.

  • Advised (led by Thomas Munby KC) on a substantial claim for relief under the Inheritance (Provision for Family and Dependants) Act 1975.

Professional Negligence

James acts in a number of professional negligence disputes, including those relating to conveyancing and in a claim against solicitors relating to the setting up of an LLP. James has recently delivered “back to basics” training on professional negligence claims in the context of mortgage lending.

Company, Partnerships & LLPs

James is regularly instructed on matters raising issues of company law. James has been instructed on cases seeking restoration of companies to the register, rectification of the register of companies and vesting orders of property following the dissolution of a company.

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