James Culverwell

James regularly advises on significant commercial construction disputes and residential renovation cases involving breach of contract (including NEC and JCT standard contracts) and negligence. James has particular expertise with cases involving limitation defences as well as the application of the implied terms under the Scheme for Construction Contracts. James is experienced in drafting pleadings, advising, and providing representation in the Technology and Construction Court and County Court at all stages of litigation.  James also regularly acts for employers and contractors in adjudication including pursuing or resisting the enforcement of the adjudication award.  With his parallel practice in Property, James is familiar with all aspects of the Building Safety Act 2022 and is prepared to advise on the impact of the Act from a construction perspective as well as from an owner and resident perspective.

As well as providing representation, James is available for training and seminars on a variety of construction-related issues including construction contracts and the Building Safety Act 2022.

Notable Cases

• B Ltd v L Ltd (2022) – James was led by Graeme Sampson in this complex and high-value adjudication in which the parties were disputing over £10m in the final account on a major central London construction project. Graeme and James acted for the sub-contractor and their submissions on an interesting point of estoppel were important in securing an award for their client.
• Hirst & Anor v Dunbar & Ors [2022] EWHC 41 (TCC) – acting as sole counsel pre-trial and then led junior from trial preparation for a building company on a long-running claim for unpaid fees in a dispute involving limitation, disputed ownership of land, existence of a contract and value of works. The case involved amongst other things, the application of implied payment terms and a review of the authorities in the area. The case is cited in Chapter 32 of Chitty on Contracts (35^th edn) in relation to the accrual of the cause of action under a contract for work and services.

Recent Cases

• T Ltd v C (2025) – Providing advice and drafting for a major housing developer in a dispute with a social housing provider arising from misuse of drainage systems and losses caused thereby during the transition period between completion of the project and full handover of the site.
• P Ltd v R Ltd (2025) – acting for a sub-contractor drafting all documents and representing them at the hearing for successful enforcement of an adjudication award including awards of interest and costs on the indemnity basis.
• H Ltd v A Ltd (2025) – advising and drafting pleadings for a contractor in a major project for the construction of a new private hospital with a very complex factual involving a number of different alleged contracts which were purportedly varied or replaced at differing times throughout the works.
• DH v GF (2024) – advising an employer on a complex and technical legal issue in respect of the identity of the employer, recoverability of alleged losses as well as a number of jurisdictional issues in respect of enforcement of an adjudication award.
• R Ltd v P (2024) – advising on the application and effect of the payment terms in a construction contract and consequently the merits of issuing proceedings to recover a debt in circumstances where the joint expert had provided an opinion strongly against the client.
• C v N Ltd (2024) – Advising and representing the employer in relation to a claim against the main contractor arising from defective flooring, screed and underfloor-heating which hinged on conflicting expert evidence.  James acted from CCMC, including defeating an application for specific disclosure and attending a mediation at which a favourable settlement was achieved.
• P v X Ltd (2024) – advising a high net-worth individual in respect of their multi-million pound residential construction project, in particular centring on defective and incomplete works to the pool and spa complex.
• H Ltd v D Ltd (2023) – advising on the terms and effect of a release clause in a settlement agreement following attempts to recover further damages amounting to six times the original settlement.
• P Ltd v A Ltd (2023) – responding to an adjudication alleging defective works by a flooring contractor on a major development and successfully limiting the award to less than 25% of the claim.
• AG ltd v CG Ltd (2023) – advising a sub-contractor and representing them in a negotiation achieving a favourable settlement in a dispute over defective works during a high-value residential renovation.
• DH v GF (2023) – advising an employer on an unusual situation relating to the appointment of a contract administrator under a JCT contract and a final account claim.
• C v SGP Ltd (2023) – drafting a claim for breach of statutory duty under the Defective Premises Act 1972 for failing to adequately waterproof a converted factory.  Amongst other matters, the claim relies on the extended limitation period under the Building Safety Act 2022.
• P v SG Ltd (2023) – representing homeowners in a long-running dispute arising from defective foundations which finally reached a favourable settlement through mediation.
• AD Ltd v CP Council (2022) – advising in a prospective dispute arising from conditional planning agreement and a section 106 agreement in circumstances whereby the Local Authority was frustrating the planning decision by refusing to execute the section 106 agreement.
• H v B (2022) – drafting the claim and obtaining judgment in a residential renovation case in which the contractor, a limited company, was wound up but the Claimant successfully pursued the director as joint tortfeasor on the grounds of deceit and fraudulent misrepresentation.
• M v SH Ltd (2022) – acting for a developer in a breach of contract claim by a purchaser involving multiple experts and issues of interpretation and liability as well as quantum.
• E v M Ltd (2022) – acting for the consumer on a contract and negligence dispute arising from a residential renovation including drafting pleadings, successfully striking out a defective defence, and ultimately securing a favourable award following a disposal hearing.
• O Ltd (2022) – advised a management company on complex issues of liability in relation to defective cladding on prospective claims against the developer, original freeholder, current freeholder, structural engineers and architects.
• A Ltd v C Ltd (2021) – Advising on limitation arising from a contract implied by the scheme for construction contracts and drafting pleadings in defence of a claim for breach of contract and negligence arising from a central London development.
• C v U Ltd (2021) – advising and drafting pleadings in a claim for breach of contract and negligence arising from construction of a dwelling. The claim involved multiple limitation periods and amendments after expiry leading to an increase in value of approximately £100,000.
• H Ltd v D Ltd (2021) – acting for a contractor and responding to an adjudication seeking a repayment against value of work, and pleading set-off for non-payment arising from a breach of contract for work on a large development.
• A Ltd v D Ltd (2021) – successfully responding to an adjudication for non-payment for the same contractor on the above development.
• F Ltd v L Ltd (2021) – advising on a complex dispute relating to cladding arising from a purchase agreement, building contract and a remediation agreement between a building owner, building contractors and a contract administrator.

James regularly advises, drafts pleadings, and attends hearings in general contractual disputes and issues of tortious liability. He also has a wealth of experience in specialised matters such as those arising under the Companies Act (such as unfair prejudice petitions, derivative claims, and breach of directors’ duties), asset purchase agreements, finance agreements, telecommunications contracts, forex trading platforms, spread betting platforms and debt claims. James also has particular expertise in insolvency matters and leads Chambers’ insolvency sub-group.

James regularly acts for the lender in Consumer Credit Act claims, particularly PPI claims (following Plevin v Paragon Personal Finance Ltd) and car finance ‘secret commission’ claims. James attends interlocutory hearings and trials dealing with the many and varied issues that are raised in such claims including limitation, compromise, fairness, secrecy, rescission, and quantum of redress.

Notable Cases

• L v F (2024) – providing extensive advisory and drafting work in a $130 million breach of directors’ duties and fraudulent and insolvent trading claim in the Supreme Court of Gibraltar.  The claim involved two different companies with connections to over half a dozen different jurisdictions and events dating back almost fifteen years.  James acted for the last remaining defendant director in this claim, being led by an external silk, and was heavily involved in the collation and production of witness evidence, disclosure and drafting applications including security for costs and permission for evidence to be given via video-link from a number of other offshore jurisdictions.
• S v T Ltd (2024) – Led by David Mayall in a $4.3m cross-border dispute arising from a foreign exchange brokerage agreement being heard in the London Circuit Commercial Court. The case raised extremely complex issues of financial regulation, market manipulation, proprietary rights, and contractual interpretation as well as several procedural issues including disclosure in the Business & Property Courts under practice direction 57AD, injunctive relief and security for costs.

Recent Cases

• S Ltd v C Ltd (2025) – acting for a major stockist of specialist materials used in power, chemical, offshore and food production industries in a complex dispute with a manufacturer part of a global group of companies involving allegations of defects, debts and repudiation of contracts.  Advising from pre-action through to drafting pleadings and appearing at hearings in the TCC.  The claim is at an early stage of proceedings with summary judgment being raised and case management due in early 2026.
• C v D & Q Ltd (2025) – acting for an individual in respect of a succession of substantial loans made to another individual and his connected limited company over a number of years.  Providing advice on complex issues of interpretation and limitation in respect of each loan as well as personal guarantees provided in respect of each.  The case also raises issues of insolvency.
• H Ltd v A (2025) – advising a company involved in a joint venture for a mixed-use development in respect of shareholders responsibilities, breach of directors’ duties and misrepresentation.
• I v X Ltd (2024) – acting for a major spread-betting platform in a dispute with a former customer raising questions of breach of contract and discrimination in circumstances where the customer’s account was closed following concerning disclosures made and allegations that this caused the customer loss.
• E Ltd v A Ltd (2024) – acting for a corporate entity in a large dispute with a connected entity over commissions for hotel and flight bookings.  Attending for an application to amend the claim but dealing with a short notice oral application for summary disposal, and account and enquiry.  Having been adjourned over the weekend, returning on short notice a few days later to deal with applications to amend on both sides as well as the application for an account and enquiry succeeding on the client’s applications and partially defeating the other applications.
• T Ltd v C Ltd (2024) providing urgent advice to telecommunications supplier in respect of supply agreements, damages, limitation, and the commercial and tactical approach to take in separating from its own supplier.
• E LLP v R Ltd (2024) – advising an international manufacturer of forestry plant and equipment in a dispute against a major global consultancy firm in a negligence and debt dispute worth just under £1 million.
• W Ltd v I Ltd (2024) – providing extensive advice to an owner of a number of large caravan parks in its dispute with a manufacturer and supplier of caravans involving allegations of defective works and remedial works together with technical points of contractual interpretation.
• E Ltd v U Ltd (2024) – advising a major company on its rights in respect of a contract to fund the development of a highly specialised and technical product which is central to the operation of the public transport industry.
• T Ltd v S (2023) – advising and settling pleadings for a corporate agent in a claim for payment of commission pursuant to a contract giving rise to questions of contractual interpretation.
• Re TD Ltd (2023) – advising a company on the interpretation of a share purchase agreement and the effect of the non-compete and non-solicitation clauses.
• E Ltd v T Ltd (2023) – advising and drafting a letter before action for a telecommunications supplier arising from the breach of a non-solicitation clause and the subsequent reduction in services.
• I plc v AL (2023) – succeeding in obtaining an order striking out an application to set aside judgment and having it marked totally without merit.  The application gave rise to issues of insolvency and non-party costs orders.
• C Ltd v C Ltd (2023) – providing detailed advice in relation to a telecommunications supply contract including the interpretation of the minimum term clause, enforceability of early termination charges and penalty clauses.
• Re SP Ltd (2023) – drafting an application in relation to a company which had been voluntarily removed from the register of companies
• MC Ltd v W Ltd (2023) – advising a telecommunications company in respect of an agreement with a technology company giving rise to interesting issues of contract formation, restraint of trade, competition law and the doctrine of protection of confidential information.
• LR Ltd v MGC Ltd (2022) – advising and drafting a Reply and Defence to counterclaim in a dispute arising from breach of an asset purchase agreement involving principles of contractual interpretation and rectification
• .GH Ltd v H (2022) – provided advice and drafted documents in a claim and counterclaim arising from works carried out on a vehicle which gave rise to questions of contractual liability, identity of parties, effect of insurance indemnity and remoteness of loss.
• QS Ltd v C Ltd (2022) – advised and drafted amended pleadings and application for summary judgment in a debt claim involving questions of assignment and contractual liability.
• T v A Ltd (2022) – Acting for a vehicle dealership in defence of a claim arising from a finance agreement and pursuant to consumer protection legislation which also involved consideration of duties of regulated firms under FCA rules.
• AE Ltd v RG Ltd (2022) – advising pre-action on the merits of a claim under a service agreement for recruitment services and liability for fees of an employer.
• C Ltd v MED Ltd (2022) – advised the Claimant on merits before drafting and preparing for an application for summary judgment which drew out a settlement at the door of court.
• R Ltd v D (2022) – successfully represented a finance company at trial in two crossclaims arising from a finance agreement, securing judgment in favour of the client and defeating the crossclaim.
• L Ltd v RW Ltd (2022) – advising and drafting pleadings in a breach of contract dispute arising from the sale of a commercial vehicle.
• R v S Ltd (2022) – represented the clients of a firm of solicitors in a claim for breach of contract and professional negligence arising from a commercial lease involving interpretation of lease terms and solicitors’ duty of care.
• U Ltd v F Ltd (2021) – advised on the impact of the Corporate Insolvency and Governance Act and transitional provisions in relation to a statutory demand and winding up petition.
• G v GH Ltd & Anor (2021) – acted for a large car dealer at trial and succeeded in obtaining a strike out of the claim on the basis that it was an abuse of process.
• IS Ltd v Lewis (2021) – advised the proprietor in conference on its defence of a claim for unpaid sums under a contract for catering services including merits, contractual obligations and procedural issues resulting in a successful settlement in the circumstances.
• W v N Ltd (2021) – acted for a large car dealer and successfully applied for summary dismissal of a claim for breach of contract based on procedural defects with the claim.
• BP Ltd v SC Ltd (2021) – acting for the defendant in a claim for fees under an alleged advertising agreement involving issues of formation of contract.

James acts for landlords and tenants in residential and commercial possession and forfeiture claims including trespass, as well as claims for recovery of service charges and rent, enforcement of leasehold covenants and deposit protection disputes. James also advises and represents clients in other property matters including leasehold renewal, extension and enfranchisement, disrepair and dilapidations, mortgage repossessions, boundary disputes and TOLATA claims. In addition, James has a particular interest in the Electronic Communications Code and disputes involving termination and renewal of Code agreements as well as the installation and removal of electronic communications apparatus. Given his experience in companies and insolvency law, he is also well-placed to advise on scenarios involving the dissolution of corporate landlords and tenants and the many and varied issues of land becoming bona vacantia.

Recent Cases

• B Ltd v T Ltd (2025) – advising a landlord of commercial premises on the meaning and effect of a bona vacantia lease, on forfeiture,  and on the commercial and tactical way to safely recover possession.  The case also involved questions of licensing, bankruptcy, and allegations of fraud and misrepresentation.
• E Ltd v A Ltd (2025) – successfully obtaining an injunction having drafted pleadings and represented a corporate sub-tenant of commercial premises at a contested application hearing following forfeiture of the intermediate landlord’s lease in a case connected with a wider dispute between the parties.
• E Ltd v C Ltd (2025) – providing advice and drafting documents for a landowner in respect of an expired lease and continuing Electronic Communications Code agreement on the application and effect of the Electronic Communications Code.  The agreement was subject to a claim for renewal, but the dispute involved claims of dilapidation and damage being caused to the building as well as termination for redevelopment.
• J v F Ltd (2025) – providing urgent advice in respect of a vulnerable homeowner facing homelessness following appointment of fixed-charge receivers and sale of her home.
• H Ltd v P Ltd (2025) – advising a freeholder in respect of a Mayfair flat formerly let to a Guernsey company which had been dissolved raising complex questions in respect of the bona vacantia lease, large service charge and rent arrears, restoration of the company and recovery of the property and the arrears.
• S v A (2025) – representing a landlord at a trial of a disrepair counterclaim who had acted in person for a significant part of the proceedings and consequently had failed to meet any key directions but succeeding in reducing the claimant’s claim by 90% and achieving an overall award to the landlord when set-off against rent arrears.
• T Ltd v C Ltd (2025) – advising a landowner in respect of the Electronic Communications Code and a claim for renewal and replacement of a code agreement as well as prospects of termination and removal of equipment due to damage and redevelopment.
• T Ltd v A Ltd (2024) – Acting for the freeholder in the FTT in a large service charge dispute in respect of a development in Liverpool requiring consideration of the layout and relationship between two high-rise blocks, shared facilities, and interpretation of the lease. The matter went to final hearing including a site visit, and a favourable settlement was achieved on the day.
• V Ltd v M (2024) – successfully representing the management company of a private residential estate in a hotly-contested service charge dispute requiring careful analysis of the service charge accounts over an extended period in order to establish the liability of the leaseholder.
• O Ltd v S Ltd (2024) – advising a lessee of a large residential block in respect of its rights under the lease in the face of alleged breaches of covenant including a careful analysis of clauses against assignment, sub-letting or parting with occupation.
• C v O (2024) – acting for property owners throughout a long-running boundary claim obtaining a final injunction, declaration and costs.
• B v C (2023) – successfully representing a landlord at trial in a claim for possession and rent arrears and defending a counterclaim for disrepair, harassment and deposit protection penalties.
• EU Ltd v AS Ltd (2023) – advising and representing a commercial lessee to obtain an injunction following unlawful forfeiture and/or Commercial Rent Arrears Recovery and in subsequent proceedings for rent arrears and damages for disrepair.
• I Ltd v K Corp (2023) – advising a head lessor in respect of questions of ownership, bona vacantia and recovery of service charge and ground rent arrears in relation to a corporate lessor formerly registered in the Caribbean which appeared to have been dissolved.
• MI Ltd v R (2023) – representing a corporate landlord in possession proceedings relating to a central London property including successfully defeating an application for security for costs.
• SH v T (2023) – acting for a housing association in an application for urgent anti-social behaviour injunctions.
• S v S (2023) – representing a co-owner in a Part 8 TOLATA claim from the early stages of proceedings to reach a settlement at the final hearing.
• London Borough v Persons Unknown (2023) – representing a local authority in an urgent possession claim in the high value following the trespass and fly-tipping on a prospective high-value development site.
• 3PI SRL v G & A (2022) – representing the creditor under an Italian judgment in a claim to enforce a charging order over a high value property in long-running proceedings ultimately leading to an agreed order at the final hearing.
• C Ltd v Persons Unknown (2022) – acting for a lessee of railway arches on an urgent possession order against trespassers.
• CP Ltd & Anor v M (2022) – advising a group of property development companies in relation to a joint venture agreement and issues of registration of restrictions and notices.
• EH v B (2022) – representing the defendant in a preliminary issues hearing during a claim purportedly bought by a charity to enforce an agreement for sale involving complex questions relating to the removal and appointment of trustees.
• R v S Ltd (2022) – represented the clients of a firm of solicitors in a claim for breach of contract and professional negligence arising from a commercial lease involving interpretation of lease terms and solicitors’ duty of care.
• O v R (2021) – successfully defeated an appeal against a possession order in a case involving detailed considerations of procedure as well key principles of decisions on appeal.
• P v B (2021) – succeeded at the trial of a Part 8 TOLATA claim in securing a very favourable distribution of jointly owned property and beating a Part 36 offer.
• M v LB (2021) – acting for a London Borough at the trial of a disrepair claim and successfully obtaining summary judgment on the basis interpretation of the lease, section 11 of the Landlord and Tenant Act 1985 and limitation.
• V v N (2021) – advised a leaseholder and drafted papers for a renewal of a lease in circumstances where the landlord had died intestate and there was no grant of letters of administration.  The renewal was granted at the hearing, including an order for execution of the lease by a Judge as the appointed personal representative would not engage.
• R v S (2021) – obtained a strike out at trial of a claim for damages by a tenant for refund on rental payments arising from alleged disturbance to his occupation.
• E v C (2021) – represented the Claimant in a TOLATA claim for distribution of proceeds of sale and declaration as to interests in further property leading to settlement.
• O v L (2021) – advising and drafting defence and application in a vexatious claim for an interest in property.
• BP Ltd v S (2021) – attending an application and advising the client on the merits of a service charge claim leading to settlement.

James is an experienced insolvency barrister who leads our Insolvency sub-group. He has appeared in the County Court and in the High Court in insolvency and companies matters representing individuals, companies, supervisors, trustees and liquidators.  He is regularly instructed to act in winding-up and bankruptcy petitions including interim hearings such as applications to restrain presentation of a petition and validation orders.  James also advises debtors, creditors and Insolvency Practitioners pre-action on more complex issues arising from failed IVAs and CVAs and statutory demands, and post-action during administration of bankruptcies and liquidations. In addition, he is very familiar with Companies Act claims such as preferences, wrongful trading, directors’ liability, derivative claims, and unfair prejudice petitions as well as the various other proceedings under the Insolvency Rules, Insolvency Act and Companies Act.

Notable Cases

• AFP Assets Ltd v Hugill and Others [2025] EWHC 256 (Ch) – successfully appealed the decision of a District Judge to set aside statutory demands served upon a partnership and the partners and obtaining an order that the applications were dismissed and the respondents pay the costs of the appeal and below on the indemnity basis.  The appeal court accepted all grounds of appeal and found, amongst other things, that the appellant was entitled to rely on facts which existed at termination of the agreement but had not been stated in the termination notice, and that the District Judge had erred in her interpretation of one of the clauses of the agreement.
• L v F (2024) – providing extensive advisory and drafting work in a $130 million breach of directors’ duties and fraudulent and insolvent trading claim in the Supreme Court of Gibraltar.  The claim involved two different companies with connections to over half a dozen different jurisdictions and events dating back almost fifteen years.  James acted for the last remaining defendant director in this claim, being led by an external silk, and was heavily involved in the collation and production of witness evidence, disclosure and drafting applications including security for costs and permission for evidence to be given via video-link from a number of other offshore jurisdictions.

Recent Cases

• Re S Ltd (2025) – advising the liquidator of a building company in members voluntary liquidation on the merits of a claim in the liquidation made by the owner of a house built by the company which raised allegations of negligence giving rise to substantial defects with the property.
• Re B (2025) – acting for the petitioner in bankruptcy in respect of a multi-million-pound debt connected to a proposed development of high value land in Surrey raising questions about the existence of and value of security and the impact of an ongoing parallel claim by the debtor.
• A v A (2025) – acting for a liquidator of a company which had become involved in divorce proceedings following the finding of a sham transaction and an order to set it aside.  Providing urgent advice and representation in court in respect of a forthcoming account and enquiry after the company was put into voluntary liquidation and the liquidator was required to engage in those long-running proceedings in the family court with very little notice.
• Re R & Re S (2024) – successfully deferring bankruptcy orders being made which were eventually avoided in respect of a husband and wife who owed a debt pursued by mortgagees following sale of secured property by LPA receivers.  The case was connected to company supply an innovative medical AI diagnostic product which was the family’s main source of income and funding.
• C v D & Q Ltd (2025) – acting for an individual in respect of a succession of substantial loans made to another individual and his connected limited company over a number of years.  Providing advice on complex issues of interpretation and limitation in respect of each loan as well as personal guarantees provided in respect of each.  The case then evolved into an insolvency matter when two other creditors presented successive petitions and so advice on procedure and tactics were required in order to secure substitution as petitioning creditor.
• Re S (2025) – representing a supporting and then petitioning creditor in long-running bankruptcy proceedings including advice on procedure and tactics and, after much delay, obtaining permission for substitution.
• Re Q Ltd (2024) – acting in winding up proceedings in respect of the freeholder of a residential apartment building for a property manager appointed by the FTT (Property Chamber) with the benefit of an order against the freeholder to pay service charges.  Successfully defeating an application to restrain advertisement of the petition by negotiating a full withdrawal together with full costs at the door of court.
• Re Hall Media Group Ltd [2023] EWHC 3110 (Ch) – James acted for the petitioning creditor from the early stages of this contested petition and obtained the winding-up order following the final hearing and further written submissions.  The case raised issues regarding the parties’ respective compliance with their obligations under the written contract as well as the nature of the sum owed to the petitioner.  The Company’s allegation that the debt was genuinely disputed on substantial grounds was ultimately rejected.
• Re S Ltd (2023) – James successfully obtained an injunction preventing the presentation of a petition and an order for indemnity costs having convinced the court that the debt was genuinely disputed and there was a genuine counterclaim.
• Re H (2023) – successfully obtaining an order in favour of a creditor in a disputed bankruptcy petition against a sole trader arising from related vehicle finance agreements.
• Re M (2023) – advising a creditor on issues including the nature and effect of a repayment agreement and attending the subsequent hearing.
• Re I (2023) – advising and representing a creditor in a bankruptcy petition for a debt over £350,000 overcoming submissions by the debtor’s advocate in relation to substantial payments.
• Re M & Re D (2022) – advising a creditor on its status and priority within a CVA in light of a charging order obtained around the same time as the CVA
• Re RB (2022) – successfully winding up a common law partnership under the Insolvency Act 986 as modified by the Insolvent Partnerships Order 1994.
• Re AWR Ltd (2022) acting for trustees in bankruptcy providing advice and representation in a procedural application.
• Re HMG Ltd (2022) – representing a petitioning creditor in a winding up petition involving CVA proposals and allegations of a disputed debt.
• Re TC Ltd (2022) – advising and representing a petitioning creditor in securing the winding-up of a debtor company after successive payment arrangements failed.
• U Ltd v F Ltd (2021) – advised on the impact of the Corporate Insolvency and Governance Act and transitional provisions in relation to a statutory demand and winding up petition.
• Re E Ltd (2021) – advised a creditor on preferences and sham transactions in relation to loans to family members of a director and shareholder of a company as well as various property transactions and other loans carried out shortly before voluntary liquidation