James Goudkamp practises in all areas of commercial law although his principal interests are civil fraud, professional negligence and commercial tort law more generally. He regularly appears in the Commercial Court in these fields, recently appeared in a successful appeal to the Court of Appeal regarding a freezing injunction and is currently instructed in an appeal to the Supreme Court concerning the defence of illegality in tort. However, James’s busy practice spans the full range of commercial law and, for example, in 2017 he appeared before the Privy Council in an appeal raising issues in the law of trusts and joint bank accounts. Alongside litigation, James’s practice extends to arbitration in insurance and shipping matters and involves a significant advisory element.
In addition to his practice at the Bar, James is Professor of the Law of Obligations at the University of Oxford, and he has published extensively across many topics in commercial law. His work is regularly cited by judges throughout the common law world including at the ultimate appellate level (a recent illustration is Darney v Croydon Health Services NHS Trust  UKSC 50;  AC 831 at ), and James is widely regarded as a leading expert on (in particular) tort law. Internationally recognised for his work in this regard, James serves as an Advisor to the American Law Institute’s Restatement (Third) of Torts (which is the most important source of tort law in the United States), and his tort-related writings address myriad topics including the duty and standard of care in the tort of negligence, the illegality defence, the law of contributory negligence (on which he has written two books), and the law of damages.
James’s numerous university qualifications are at the highest level. They include two master’s degrees and a doctoral degree in law, which he completed as a Clarendon Scholar at the University of Oxford (Magdalen College). James was awarded the University Medal in Law for placing first in his year in his undergraduate studies, which he completed in Australia. In 2005–2006, James was a judicial assistant to the Hon Justice Michael Kirby AC CMG, who was then a Justice of the High Court of Australia, which is Australia’s ultimate appellate and constitutional court. James is admitted as a lawyer in the Supreme Court of New South Wales.
If you are interested in instructing James, please contact the clerks in order to ascertain his availability.