James joined Chambers following successful completion of his pupillage in 2009. He practices in the areas of personal and corporate insolvency, asset forfeiture and general commercial law. He also undertakes employment tribunal work.

James has experience of advisory work, drafting and advocacy in the High Court, County Court and Magistrates’ Court.

Prior to call to the Bar, James was Judge’s Associate to the Hon. Mr Justice Michael Kirby AC CMG of the High Court of Australia, and taught undergraduate law at the University of Cambridge’s Centre for British and European Law in Warsaw.

His particular interest is in human rights law. During pupillage, he was actively involved in a number of high-profile cases with a human rights dimension, most particularly the House of Lords appeal in R v Briggs-Price [2009] UKHL 19 (ECHR Art. 6(2) and rights to a fair trial) and the Court of Appeal case R v Wright [2008] EWCA Crim 3207 (ECHR Art. 7 and the doctrine of nulla poena sine lege).

James also has a special commitment to issues involving the rights of children. He has acted for dozens of child claimants in the County Court and the Youth Court, provides advice to two UK charities fighting cruelty against children, and took an active international role in the Tasmanian Law Reform Commission’s 2009 consultation on children’s rights to bodily integrity.

James’ main interest is European languages and film. He speaks fluent French and German, and has upper-intermediate Polish. He has a long association with Moot Courts and in 2009 judged the national finals of the Philip C Jessup Moot Competition (German rounds) in Münster. He plays tennis socially and is a keen amateur photographer.

From February-June 2010, James is on secondment to the European Court of Human Rights, Strasbourg.

Significant Cases Worked On

* = work undertaken as pupil under pupil supervisor

ECHR jurisprudence

• * R v Wright [2008] EWCA Crim 3207. Article 7 - prohibition on retrospective penalties – nulla poena sine lege - ECHR compatibility of Financial Reporting Orders under the Serious Organised Crime and Police Act 2005
• * R v Briggs-Price [2009] UKHL 19. Article 6(2) - fair trial - compatibility with ECHR of asset confiscation orders made over assets gained as result of unlawful activities for which no conviction ever recorded.

Company law

• * Re Greyfriars Ltd [2009] EWHC (Companies Court). Breach of director’s duties in context of insolvent company. Liquidator-initiated action against former directors.
• * Re P: Director’s duty to creditors generally and specifically – director’s duty of disclosure of interest – shadow directors – de facto directors.

Statutory interpretation

• R v Islam [2009] UKHL 30. Significant research and drafting of submissions in this appeal on a statutory interpretation point under the Proceeds of Crime Act 2002.

International restraint and freezing orders

• * Re X. Confidential advice and drafting of freezing orders on the restraint of assets within the United Kingdom of ministers of a foreign cabinet suspected of corruption offences in their own jurisdiction. Drafting of Restraint Orders against those persons and their assets
• * Re W – the enforcement of UK restraint orders overseas (Switzerland)
  

Published Articles and Research Pieces

• “Into the Pot: Drugs, Confiscation and the Right to a Fair Trial”, [2009] 1 Proceeds of Crime Review
• “Financial Reporting Orders and Article 7 of the ECHR”, [2009] 1 Criminal Bar Quarterly 4
• “Legal Expenses following Cash Forfeiture”, Proceeds of Crime Lawyers Association website (uploaded June 2009)
• “Be that as it May: R v Sivaraman and the Court of Appeal’s Approach to Benefit in Confiscation Orders”, [2008] 2 Proceeds of Crime Review 11
• “Legal Funding in Asset Forfeiture Cases”, “Asset Recovery, Criminal Confiscation, Civil Recovery and Money Laundering Conference” (16 October 2008, Café Royal – notes)
• White Book (Civil Procedure Rules 2008)
  Sub-Researcher, Editorial Team, r. 31 (Disclosure)
• Phipson on Evidence (2008)
  Sub-Researcher, Editorial Team, chs 6, 11-13, 30-33

Academic Awards

Peter Duffy Human Rights Award of Lincoln’s Inn (2009)
Second Prize, POCLA Essay Writing Competition (2009)