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

• H Ltd v A Ltd (2026) – advising and drafting proceedings in a complex and long-running dispute arising from the construction of a hospital including an unusual point of contractual interpretation and an arbitration agreement.
• 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.

Notable Cases

• Special Metals Wiggin Ltd v Corrotherm International Ltd [2025] EWHC 2769 (TCC) – acting for a major stockist of specialist materials used in power, chemical, offshore and food production industries in a complex contractual and payment dispute with a manufacturer part of a global group of companies.  The dispute involved allegations of defects, debts and repudiation of contracts.  James advised from pre-action through to drafting pleadings and appearing in the TCC (due to its technical nature).  James succeeded in resisting a number of aspects of a complicated summary judgment application.
• 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

• A Ltd v F (2026) – successfully obtaining a freezing injunction following the discovery of a substantial fraud perpetrated by a former employee.
• M Ltd v N Ltd (2026) – Obtaining judgment at trial in the High Court for the Claimant in dispute over unpaid storage charges. The case involved complex legal questions around contractual formation, termination and liens.
• H Ltd v A (2026) – successfully obtaining a freezing injunction having advised a company involved in a joint venture for a mixed-use development in respect of shareholders responsibilities, breach of directors’ duties and fraudulent misrepresentation.
• F Ltd v I (2026) – drafting pleadings and attending the strike out application at which the other party’s statement of case was struck out and their proposed amendments were also rejected followed by a substantial costs recovery.
• HP v C Ltd (2026) – advising and drafting a defence in a substantial claim for allegedly unpaid salary, bonus and other benefits following the death of an employee.
• M v D (2026) – representing the purchaser of a vintage Ferrari through to trial in a claim for misrepresentation and rescission.
• B Ltd v N Ltd (2026) – advising a supplier of specialist machinery in a long-running contractual dispute with a customer involving contractual interpretation and allegations of misrepresentation.
• 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 moved into the insolvency sphere and James advised and represented the client in those proceedings as well.

• 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.

Recent Cases

• N v S (2026) – advising and drafting pleadings in a claim and counterclaim for breach of covenant and nuisance arising from structures erected on leasehold property and interference with rights of access.
• H Ltd v W Ltd (2026) – advising on and drafting a claim for unlawful forfeiture and recovery of overpaid service charges and rent involving interpretation of complex provisions in the lease and the distribution of liability between neighbouring properties.
• C v S (2026) – advising an individual non-commercial lender in respect of recovery of a secured loan including interpretation of the Consumer Credit Act and Financial Services and Markets Act regulation.
• R & S v D Ltd & Ors (2026) – advising leaseholders in respect of a complex chain of leases and the remedies available for breach of covenant, nuisance and trespass.

• 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.

Insolvency & Corporate Governance

James is an experienced insolvency and companies barrister who leads our Insolvency & Corporate Governance sub-group. He has appeared in the County Court and in the High Court in complex insolvency and companies matters representing individuals, companies, supervisors, trustees and liquidators.  He is regularly instructed to act in disputed 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 on more complex issues pre-action such as 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 and all manner of shareholder disputes 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 B (2026) – securing the release from custody of a former director of a company which received £46 million from a company in liquidation and who failed to attend for examination and was arrested .
• Re L (2026) – advising a director and shareholder in respect of an unfair prejudice petition alleging a number of breaches of duties and involving a complex debt restructuring mechanism alleged to have illegitimately diluted shareholdings.
• Re B (2026) – successfully obtained bankruptcy orders against two debtors following a contest which raised questions of security, principles of valuation, the nature of debts, medical capacity and regulation of mortgages.
• Re V Ltd (2026) – advising and drafting an unfair prejudice petition following the disappearance of a director and shareholder.
• 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.

• 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.

Having lived most of his life in rural Hampshire and having family and friends in the farming industry, James is well-placed to advise farmers, landowners and rural businesses on a range of legal issues. James’ expertise in property, commercial, insolvency and companies law covers many of the legal disputes that arise in this sector.  He is regularly asked to advise on Landlord and tenant in both a residential and commercial context, trespass, trusts of land and boundary disputes.  James is also able to advise on Agricultural Holdings Act and Farm Business tenancies. From a commercial and corporate perspective, James has experience in general contractual disputes, partnerships and limited companies as well as other corporate structures, and credit agreements including asset finance and other types of loan.