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.
- Showing good cause – Leases and the costs of proceedings  NLJ 13
- Betterment - For better or worse?  NLJ 1635
- Landlord and Tenant: Déjà vu? Tenancy Deposits revisited  NLJ 1071
- Partnership Disputes  Sweet & Maxwell – with Michael Reynolds
Segar v Scott-Rees & Co.  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  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  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.