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.
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 (British Virgin Islands) arising out of a derivative action, led by Jern-Fei Ng KC (Lau Man Sang v King Bun Limited Claim No. BVIHCMAP 2021/0034: judgment in the liability appeal).
James has considerable advocacy experience. James recently made the oral submissions in an appeal in the Eastern Caribbean Court of Appeal, appeared as sole counsel in the High Court in a challenge under section 68 of the Arbitration Act 1996 and appeared regularly in the Scottish courts, prior to transferring to the English Bar.
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 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 in relation to the recovery of fees under a consulting services agreement from the operator of a data centre. The case settled for the full sum claimed shortly after the pleadings were filed.
- 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.
- 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 an insurance claim against a partnership concerning the death of a show horse.
- 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.
- 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).
- Advising on the meaning of “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).
- 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. BVIHCMAP 2021/0034: 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 one of the appeals. The claimants were successful in the liability appeal (the other appeals were rendered moot before judgment was handed down).
- Instructed in a large civil fraud claim on behalf of a sovereign wealth fund regarding the misappropriation of billions of dollars of funds.
- 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 in an LCIA arbitration concerning a settlement agreement on behalf of a sovereign wealth fund, following the misappropriation of billions of dollars of funds.
- Instructed in an HKIAC arbitration relating to a dispute between investors in a marine heavy transport services joint venture.
- 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 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 relation to an arbitration arising out of a dispute between ship owners and ship managers.
- 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.
- Acting 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.
- 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.
- Instructed in an HKIAC arbitration relating to a dispute between investors in a marine heavy transport services 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 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 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
- 02nd Mar 2023 -
James Bailey called to the Bar of the British Virgin Islands
- 08th 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)