James specialises in commercial litigation.
James advises clients on a broad range of commercial disputes, with particular experience in insurance, insolvency, directors’ obligations and the regulatory oversight of commercial affairs (including allegations of corporate offending).
He appears regularly in the courts, as well as in alternative dispute resolution forums.
James is a member of the New Zealand Insurance Law Association and INSOL New Zealand.
Recent experience
James has advised:
- insurers and insureds on substantial claims made under directors’ and officers’ liability policies, prospectus liability policies and statutory liability policies arising from the financial collapse of issuer companies and for various regulatory investigations and prosecutions
- the receivers of a finance company on cover available under a material damage and business interruption policy for losses arising out of the Canterbury earthquakes
- brokers, insurers and reinsurers on issues for primary and excess layer liability policies, and for reinsurance treaties, arising from the 2011 Bridgecorp/Steigrad judgment, including acting for Chartis in a proceeding seeking to have the effect of that judgment overturned by the Court of Appeal
- insolvency practitioners on issues arising during their appointments, including the validity and priority of claims by secured creditors, preferential claims, voidable transactions and the sale of assets
- insolvency practitioners in proceedings against company directors and third parties, for the recovery of funds to the benefit of creditors
- banks and other corporate entities on claims by liquidators to set aside voidable transactions, and
- companies and directors in high-profile investigations, and civil and criminal proceedings by the Commerce Commission, the Securities Commission and the Serious Fraud Office.