James Bailey

James Bailey

Call: 2020

Practice Profile


James joined 7KBW on successful completion of his pupillage in September 2021.

James practices in all areas of commercial law, including insurance and reinsurance, general commercial disputes, international arbitration, shipping, civil fraud, company and partnership disputes, and professional negligence.

His current and recent instructions as junior counsel include an appeal to the Privy Council concerning the lapse of a life insurance policy, a multi-million dollar arbitration involving misdelivery of a cargo of oil and a derivative action in the British Virgin Islands. James has recently appeared as sole counsel in the High Court in a challenge under section 68 of the Arbitration Act 1996 and as junior counsel in the BVI Court of Appeal.

Before commencing pupillage, James trained as a solicitor in the London, Edinburgh and Glasgow offices of a commercial law firm.  During his training contract, he spent 18 months in the dispute resolution division, gaining exposure to a wide range of commercial and international disputes. In his final seat, James appeared in Court on a weekly basis in hundreds of different small claims.

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. James is a member of the Bar of the British Virgin Islands.

  • Instructed in relation to the recovery of fees under a consulting services 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 summary judgment application concerning the interpretation of a warehouse and logistics agreement (as a pupil).
  • Assisted in preparing the particulars of claim in relation to a dispute concerning unpaid consultancy fees (as a pupil).
  • Conducted research in relation to an application for a worldwide freezing injunction against a foreign company (as a pupil).
  • Assisted with a claim for damages for breach of warranty under a share purchase agreement (as a pupil).
  • Assisted in relation to a dispute arising out of a pharmaceutical royalty agreement (as a pupil).
  • 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).
  • Advising on the construction of the term “insurance undertakings” within the EU Merger Regulation.
  • 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).
  • Conducted research as a pupil into the effect of a representation by an insured which was untrue when made but true when the insurance policy was issued under the Insurance Act 2015.
  • 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.
  • 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 [2022] EWHC 766 (Comm): 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 on advising on a claim for commission on the sale of a yacht.
  • Assisting with research into the quantification of damages for the late delivery of a cargo of propane.
  • 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).
  • Conducted research into whether a recommendation by a classification society amounted to a restriction on use of the vessel (as a pupil).
  • Assisted in preparing a statement of case in relation to an arbitration concerning unpaid hire under a trip time charter (as a pupil).
  • Assisting in preparing advice in relation to the termination of a charterparty (as a pupil).
  • Acting for charterers in a multi-million pound LMAA arbitration for misdelivery of a cargo of crude oil.
  • 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.
  • Ducat Maritime Limited v Lavender Shipmanagement Incorporated [2022] EWHC 766 (Comm): appeared as sole counsel before Butcher J in the High Court defending a challenge under section 68 of the Arbitration Act 1996.
  • Acting for charterers in a multi-million pound LMAA arbitration for misdelivery of a cargo of crude oil.
  • Advising on a SCMA arbitration relating to a claim for commission on the sale of a yacht.
  • Assisting with an application for a mandatory injunction pursuant to section 44 of the Arbitration Act 1996.
  • Instructed in a derivative action in the British Virgin Islands involving allegations of fraud upon minority shareholders.
  • 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).
  • “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 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)