James Davies

James Davies

Call 2004

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James Davies is recognised for his expertise by the Chambers & Partners UK Bar Directory 2017.

Commercial Dispute Resolution - South Eastern (Bar) - Band 2

Renowned for his commercial dispute and property work. His areas of expertise include guarantees, partnerships and franchises. He also has a dedicated insolvency practice focusing on corporate insolvency and personal bankruptcy.
Strengths: "He is very meticulous in his advice and good at identifying key issues quickly. He's a wonderful technical advocate who has an excellent client manner, he puts people at ease and explains things very clearly." "He has a very patient, calm manner in cross-examination, and he's very methodical." 

Chambers & Partners UK Bar Directory 2016.

Commercial Dispute Resolution - South Eastern (Bar) - Band 2


Frequently advises and appears in a wide range of commercial and property matters. He has particular expertise in issues relating to guarantees, partnerships and franchises.
Recent work: Acted for the claimant, an international bathroom and tile provider, in CAP MG v Bahsoun. This was a High Court claim brought against the directors of a client company found to be missing stock after entering administration.

Chambers & Partners UK Bar Directory 2015.

Commercial Dispute Resolution - South Eastern Bar

James Davies - Highly sought after for all kind of business disputes. He has particular expertise in relation to franchises, partnerships and guarantees.
Expertise: "He's brilliant on detail. He's particularly good where there's a debate over figures or where there's issues over deals involving complex transactions." "He is thorough, well prepared, accessible and always successful!"
Recent work: He has acted for a defendant in a multiparty property partnership dispute.

The Legal 500 - The Clients Guide to Law Firms

James Davies is recommended by the Legal 500 Bar Directory 2016 for his expertise in the Regional Bar - South Eastern Circuit
Commercial, banking, insolvency and chancery law – Leading juniors
James Davies - Excellent to work with, he is methodical and thorough in high-value commercial disputes.


James Davies is recommended by the Legal 500 Bar Directory 2015 for his expertise in the Regional Bar - South Eastern Circuit
Commercial, banking and insolvency – Leading juniors
James Davies - He is quick to provide current, practical and commercially astute solutions to clients

James Davies is recommended by the Legal 500 UK Directory 2013/14 for his expertise in the South Eastern Circuit for his Commercial and Chancery expertise at the Bar. "3PB’s James Davies is ‘recommended for commercial disputes and insolvency matters’."


Business & Commercial Law

James Davies has a commercial practice covering a range of areas. His experience extends to factoring agreements, guarantees, the Commercial Agent Regulations,  and franchising. James has acted in a number of sales of goods disputes, with a particular emphasis on motor vehicles, both new and used and including custom built commercial vehicles and vehicles purchased under hire purchase.

James has a particular interest in SME disputes. He is the co-author of “Partnership Disputes” by Sweet & Maxwell written with solicitor and arbitrator Doctor Michael Reynolds. He advises directors and shareholders on a broad range of disputes including: unlawful dividends, breach of fiduciary duties, breach of shareholders’ agreements and unfair prejudice petitions.

James has a specialised insolvency and bankruptcy practice appearing for petitioners, debtors and officeholders.

James qualified as a Chartered Accountant before coming to the Bar and has a particular interest in disputes involving accountants where he acts for both professionals and former clients.

James accepts instructions direct from businesses, professionals and individuals under the Direct Access Scheme. He has been placed in the Legal 500 since 2012 and Chambers & Partners since 2015 for Commercial and Chancery work on the South Eastern Circuit. He is “recommended for commercial disputes and insolvency matters”.

Recent work includes:

  • Representing at trial a residential management company in a dispute concerning the installation of a water heating system and flue at a large block of flats. The case involved consideration of whether the pumps were suitable for the water hardness and whether the chimney gave rise to a noise nuisance. Following a two day trial substantial damages were recovered.
  • Appearing for a franchisor at trial on the termination of a franchise agreement, including an injunction for enforcement of restrictive covenants.
  • Acting throughout in a dispute concerning a shareholder agreement including representing at a four day trial at Central London County Court before His Honour Judge Dight.
  • Acting for a building contractor on a Part 20 claim against a major builders’ merchants for the supply of defective wood. The case also raised a procedural point arising out of an error in not joining the Part 20 defendant correctly. James succeeded at trial and successfully defended the judgment on appeal to the High Court.
  • Represented a household name waste disposal contractor in a trial concerning bribery of weighbridge operators including the use of covert surveillance footage and forensic  reconstruction of deleted records.
  • Acting for a founder director/ shareholder in a West End consultancy in a minority shareholder dispute involving exclusion from management on a spurious basis. James acted from initial letter of claim through to a highly successful mediation.
  • Representing at mediation an international supply company in a claim against directors where large quantities of stock had disappeared following a liquidation.

Publications

  • Showing good cause – Leases and the costs of proceedings [2010] NLJ 13
  • Betterment - For better or worse? [2010] NLJ 1635
  • Landlord and Tenant: Déjà vu? Tenancy Deposits revisited [2012] NLJ 1071
  • Partnership Disputes [2013] Sweet & Maxwell – with Michael Reynolds

Notable Cases

Segar v Scott-Rees & Co. [2006] CL 2759
Representing the Respondent firm in an appeal considering solicitor's liens in the course of active litigation where the client is unrepresented.

Everitt v Budhram [2010] Ch 170
Representing the Responded – appeal considered the meaning of 'needs' of the bankrupt in Section 335A of the Insolvency Act along with whether the court was entitled to consider the circumstances of the making of the original bankruptcy order on an application for an order for sale.

Mastermailer v Sandison & others LTL 21/4/2011
Representing the Appellant on an appeal to the High Court Judge against the Master’s decision to order security for costs in a complex case involving serious allegations against the former directors of a public company. Consideration of the extent to which on a security for costs application the Court must assume the claim will fail. Cited in the White Book.

Howden Joinery Ltd v Brain [2015] 3999 (QB)
Representing the Respondent, as he had at trial, where James had persuaded a Recorder to cure a defect in failing to join a Part 20 Defendant by joining them under CPR 19.2. James secured the dismissal of the appeal.

News

April 26 2017:

3rd Annual ADR Symposium held at Cardiff University on 25 April 2017 ...read more


September 13 2016:

James Davies, 3PB barrister, cycles on for a worthy charity ...read more


July 21 2016:

Statutory Wills and Dispensing with Service – an Update by James Davies ...read more


... more news

Academic Qualifications

BA (Oxon)

BCL (Oxon) (Distinction)

FCA

ADR Group Qualified Mediator

Scholarships

Lord Denning Scholar (Lincolns Inn 2003)

Professional Bodies

  • Chancery Bar Association
  • Professional Negligence Bar Association (PNBA)