Practice Profile
James has a busy practice spanning all areas of commercial law, including insurance and reinsurance, general commercial disputes, international arbitration, civil fraud, offshore litigation, shipping, company and partnership disputes, and professional negligence.
James is regularly instructed in high-value court and arbitration proceedings both in London and abroad. He has a keen interest in appellate proceedings, having appeared in the Privy Council, as well as regularly in the Eastern Caribbean Court of Appeal.
His current and recent instructions as junior counsel include representing the successful insurers in an appeal from the Bahamas to the Privy Council as junior to Jawdat Khurshid KC (McPhee v Colina Insurance Ltd [2023] UKPC 8), an LCIA arbitration over a settlement agreement (led by Vernon Flynn KC, Toby Landau KC and Jern-Fei Ng KC), and in four conjoined appeals before the Eastern Caribbean Court of Appeal (BVI) arising out of a derivative action, led by Jern-Fei Ng KC (Lau Man Sang, James v King Bun Limited BVIHCMAP 2021/0034; BVIHCMAP 2022/0019; BVIHCMAP 2022/0006).
James has considerable advocacy experience, including making the oral submissions in a successful appeal in the Eastern Caribbean Court of Appeal (Lau Man Sang, James v King Bun Limited BVIHCMAP 2022/0019), appearing as sole counsel in the High Court in a challenge under section 68 of the Arbitration Act 1996 and appearing regularly in the Scottish courts, prior to transferring to the English Bar. James retains an interest in disputes with a Scottish dimension.
James studied law at the University of Edinburgh, where he was the second-most distinguished graduate in his year. James was then awarded a distinction in the MPhil in Law at the University of Oxford. James has also published articles and spoken at conferences on a variety of commercial matters and his research has been cited by the Law Commission. James is also a member of the Bar of the British Virgin Islands.
- Instructed as junior counsel to Vernon Flynn KC, Toby Landau KC and Jern-Fei Ng KC in an LCIA arbitration over an asset recovery guarantee in a settlement agreement. Appeared in a hearing for the payment of a US$250 million interim payment.
- Instructed as junior counsel to Jern-Fei Ng KC in relation to a dispute arising out of a settlement agreement in a case relating to unfair prejudice claims by a minority shareholder.
- Instructed by a logistics consultant claiming the recovery of fees under a consulting services agreement from the operator of a data centre. The case settled for the full sum claimed.
- Instructed by a theatre production company in a claim for damages after its show was cancelled following the exposure of a theatre to asbestos. James assisted the theatre production company in obtaining a favourable settlement.
- Instructed in a Circuit Commercial Court claim for payment under a livestock profit-share agreement.
- Instructed in an application for an urgent interim mandatory injunction for the production of documents pursuant to section 44 of the Arbitration Act 1996.
- Instructed in a claim for payment of winnings under gambling contracts between private individuals.
- Advised on a potential interim injunction against a Scottish company and its directors for breach of a franchise agreement.
- Assisting in relation to an HKIAC arbitration concerning disputed payments under an Investment and Shareholders Agreement.
- Assisted (as a pupil) in preparing the written case for the respondents in the Supreme Court case of Harcus Sinclair LLP v Your Lawyers Ltd [2021] UKSC 32 (relating to restraint of trade and enforcement of solicitors’ undertakings).
- Assisted with a claim for damages for breach of warranty under a share purchase agreement (as a pupil).
- McPhee v Colina Insurance Ltd [2023] UKPC 8: appeared as junior counsel led by Jawdat Khurshid KC representing the successful insurers in an appeal to the Privy Council regarding the lapse of a life insurance policy.
- Instructed in a coverage dispute relating to professional indemnity insurance, led by James Brocklebank KC.
- Instructed in an insurance claim against a partnership concerning the death of a show horse, which led to a favourable settlement.
- Instructed in a successful application for an ex parte anti-suit injunction restraining foreign proceedings concerning the grounding of a vessel brought in breach of a P&I Club’s arbitration agreement.
- Advised on limitation issues arising from a potential claim in respect of a road traffic fatality against liability insurers under the Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934.
- Instructed on behalf of insurers defending a water damage insurance claim raising issues concerning late notification.
- Assisted with the preparation of an application for reverse summary judgment on behalf of an insurer in respect of a COVID-19 business interruption claim.
- Advising on the measure of the indemnity under a contractors’ all risks policy for the partial failure of a land reclamation project.
- Advising on the operation of a condition of average under a business combined insurance policy.
- Assisted in preparing advice in a claim involving coverage issues arising out of the cancellation of a conference due to COVID-19 (as a pupil).
- Assisted with the preparation of a position paper relating to the contractual framework underlying the provision of black-box car insurance policies.
- Assisted in preparing advice in relation to issues of aggregation arising out of the FCA business interruption test case (as a pupil).
- Assisted in preparing advice in relation to a policy coverage dispute concerning fire damage at a recycling premises (as a pupil).
- Assisted in preparing a statement of case for an LCIA arbitration concerning a credit insurance policy (as a pupil).
- Assisted in researching the application of the Foreign Limitation Periods Act 1984 and the Rome Convention in the context of a high-value arbitration arising under a liability insurance policy (as a pupil).
- Conducted research relating to a claim under a trade credit insurance policy concerning the sale of agricultural commodities.
- King Bun Limited v Lau Man Sang, James: James appeared as junior counsel (led by Jern-Fei Ng KC) for the successful claimants in the quantum trial of this derivative action concerning a fraud on the minority shareholders of a BVI company. Wallbank J made an order for US$55.7m equitable compensation and US$41.1m pre-judgment interest. James also appeared in the BVI Court of Appeal in four conjoined appeals following the liability trial, in which James made the oral submissions in the costs appeal. The claimants were successful in all four appeals: BVIHCMAP 2021/0034; BVIHCMAP 2022/0019; BVIHCMAP 2022/0006.
- Appeared as junior counsel (led by Jern-Fei Ng KC) acting for the successful respondents in a set-aside challenge in the BVI Commercial Court.
- Instructed in a large civil fraud claim in the BVI (led by Vernon Flynn KC and Jern-Fei Ng KC) on behalf of a sovereign wealth fund regarding the misappropriation of billions of dollars of funds. This involves allegations of dishonest assistance, conspiracy and fraudulent trading.
- Assisting with claims for damages for inducing breach of an agency agreement/unlawful means conspiracy relating to non-payment of commission on the sale of a superyacht.
- Assisted with advice on defending an application for security for costs in a complex civil fraud action involving a state-owned enterprise Claimant.
- Assisted with an application for security for costs in a high-value claim for unlawful means conspiracy (as a pupil).
- Assisted with an application for permission to use documents obtained under a search order in related proceedings (as a pupil).
- Ducat Maritime Limited v Lavender Shipmanagement Incorporated (The “Majesty”) [2022] EWHC 766 (Comm), [2022] 2 Lloyd’s Rep 279: appeared as sole counsel before Butcher J in the High Court defending a challenge under section 68 of the Arbitration Act 1996.
- Instructed as junior counsel in an LCIA arbitration on behalf of a sovereign wealth fund, following the misappropriation of billions of dollars of funds.
- Appeared in a USD60m HKIAC arbitration as junior counsel to David Allen KC relating to a dispute between investors in a marine heavy transport joint venture.
- Appeared as junior counsel to Peter MacDonald Eggers KC in a successful application for an ex parte anti-suit injunction restraining foreign proceedings concerning the grounding of a vessel brought in breach of a P&I Club’s arbitration agreement.
- Instructed in defending a section 68 application to set aside an award in a ship sale dispute alleged to have been tainted by bias.
- Instructed in defending a section 68 application to set aside a corrected award, which also involved a cross-application to set aside the original award.
- Instructed as junior counsel to prepare a section 68 application on the ground that the Tribunal made factual findings in respect of which no submissions had been made by the parties.
- Provided advice in relation to the prospects of enforcement of a multi-billion-dollar arbitration award obtained against a state, as against the assets of state-owned entities.
- Instructed in an application for an urgent interim mandatory injunction for the production of documents pursuant to section 44 of the Arbitration Act 1996.
- Acting for charterers in a multi-million pound LMAA arbitration for misdelivery of a cargo of crude oil.
- Acted for owners in a demurrage arbitration arising out of a chemical tanker voyage charterparty.
- Advising on a SCMA arbitration relating to a claim for commission on the sale of a yacht.
- Acting for charterers in a multi-million pound LMAA arbitration for misdelivery of a cargo of crude oil.
- Ducat Maritime Limited v Lavender Shipmanagement Incorporated (The “Majesty”) [2022] EWHC 766 (Comm), [2022] 2 Lloyd’s Rep 279: appeared as sole counsel before Butcher J in the High Court defending a challenge under section 68 of the Arbitration Act 1996 relating to a charterparty.
- Assisting shipowners in an appeal to the Malaysian Federal Court concerning the scope of the obligation of seaworthiness in Article III, rule 1 of the Hague Rules and the application of The CMA CGM Libra [2021] UKSC 51, [2022] 2 All ER 479.
- Appeared as junior counsel in a ship management preliminary issues arbitration concerning BIMCO SHIPMAN and CREWMAN agreements.
- Appeared as junior counsel to Peter MacDonald Eggers KC in a successful application for an ex parte anti-suit injunction restraining foreign proceedings concerning the grounding of a vessel brought in breach of a P&I Club’s arbitration agreement.
- Instructed in an LMAA arbitration for commission on behalf of shipbrokers.
- Instructed in an arbitration claim for damages arising out of breach of a memorandum of agreement for the sale of a vessel.
- Acted for owners in a demurrage arbitration arising out of a chemical tanker voyage charterparty.
- Prepared a section 68 application arising out of a dispute about the prospective safety of a Yemeni port.
- Appeared in a USD60m HKIAC arbitration as junior counsel to David Allen KC relating to a dispute between investors in a marine heavy transport joint venture.
- Advising on the recoverability of certain heads of loss following the supply of off-spec bunkers.
- Preparing pleadings in a charterparty dispute concerning the failure by charterers to make full payment of bunkers remaining onboard at the time of redelivery.
- Advising the owner of a super-yacht about obtaining the as-built drawings from the mast designer for the purposes of a possible insurance claim.
- Assisting with an application for a mandatory injunction requiring the owner of a vessel to issue replacement bills of lading where the originals had been lost.
- Assisted in preparing advice in relation to a jurisdiction dispute concerning the Convention on Limitation of Liability for Marine Claims 1976 (as a pupil).
- Assisted in advising in relation to a dispute arising from damage to a tug, involving issues of agency and the incorporation of the UK Standard Conditions for Towage (as a pupil).
- Acting for charterers in a multi-million pound LMAA arbitration for misdelivery of a cargo of crude oil.
- Acting for owners in a demurrage arbitration arising out of a chemical tanker voyage charterparty.
- Assisting with research into the quantification of damages for the late delivery of a cargo of propane.
- Assisting with research for a claim under a trade credit insurance policy concerning the sale of agricultural commodities.
- Preparing pleadings in a charterparty dispute concerning the failure by charterers to make full payment of bunkers remaining onboard at the time of redelivery.
- Provided advice to and prepared pleadings on behalf of an account holder of a Jersey bank whose account was subject to an ‘informal freeze’.
- Assisted in a dispute involving allegations of breach of fiduciary duty against a director due to his involvement in secondary sales of shares in a company through the director’s third-party companies.
- Conducted research in relation to an application for a worldwide freezing injunction against a foreign company (as a pupil).
- Instructed in a successful application for an ex parte anti-suit injunction restraining foreign proceedings concerning the grounding of a vessel brought in breach of a P&I Club’s arbitration agreement.
- Assisted with advice relating to jurisdictional and applicable law issues relating to claims for unpaid commission and damages for inducing breach of an agency agreement/unlawful means conspiracy.
- Provided advice in relation to conflicting arbitration and exclusive jurisdiction clauses.
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Lau Man Sang, James v King Bun Limited (Claim No. BVIHCMAP 2022/0006)
- 28th Feb 2024 -
Lau Man Sang v King Bun Limited (Claim No. BVIHCMAP 2021/0034)
- 14th Jul 2023 -
Jawdat Khurshid KC and James Bailey succeed in Privy Council life insurance dispute
- 2nd Mar 2023 -
James Bailey called to the Bar of the British Virgin Islands
- 8th Mar 2022 -
7KBW welcomes new tenants – James Bailey and Adam van Schaik
- 22nd Sep 2021
View all news
- “Carbon Credits under the UK Emissions Trading Scheme” (2022) 1 JIBFL 27 (with Michael Ryan)
- “Phantom Partnerships and Post-Dissolution Profits: Sheveleu v Brown and Ducker” (2019) 23(2) Edinburgh Law Review 230
- “Partnerships, Joint Ventures and Duties of Disclosure: The University Court of the University of St Andrews v Headon Holdings Limited” (2018) 22(2) Edinburgh Law Review 282 (with Blair Munro)
- “Aggravated Damages or Additional Awards of Solatium: A Distinction Without a Difference?” (2018) 22(1) Edinburgh Law Review 29
- “Trespass in Scots Law: Re-examining the Recovery of Damages”, paper and presentation at the 2016 Society of Legal Scholars Annual Conference at the University of Oxford
James is also a member of the Bar of the British Virgin Islands.
- 2019-20: MPhil (Law), Merton College, University of Oxford (Distinction)
- 2016-17: Dip LP, The University of Edinburgh (Distinction)
- 2012-16: LLB (Hons), The University of Edinburgh (First Class, Second-Most Distinguished Graduate)
Scholarships and awards
- John Hastie Scholarship for second most distinguished LLB graduate based upon first and second year exams (2016)
- Greens Prize for best overall LLB second-year performance (2014)
- Sarah Mills Prize for Commercial Law Honours (2016)
- Davidson Chalmers Prize for Company and Commercial (2017)
- Scots Law Society Prize for best performance in Delict (Tort) and Property Law Honours (2016)
- Miller Prize for Revenue Law (2014)
- Family Law Association Prize for Family Law Ordinary (2013)
- Gillespie MacAndrew Prize for joint best performance in Professional Skills and Responsibility (2017)