James Culverwell

James is an experienced commercial-chancery barrister with expertise in commercial litigation, property law and insolvency and company matters as well as construction disputes. James appears in all the civil courts at first instance and on appeal and often advises on complex cases crossing over a number of his practice areas. James normally appears as sole counsel but has also been led in several matters.

James has comprehensive oral advocacy skills having started his career with a common law practice. He is also accomplished at drafting concise and thorough pleadings and has been praised for his advisory work. Commended for his personable style putting clients at ease and engaging tribunals, James is known for his ability to simplify complex legal issues for clients, earning consistent praise for his clear communication and practical advice.

“All of your work has been extremely impressive; your advice has been just what we’ve been looking for on each occasion and the [documents] you have produced have been bang on our own style. It’s a pleasure working with you.” – Solicitor, E Ltd v T Ltd

“I’ve been very impressed with all of your advice, as have a number of Partners and Solicitors within our Dept. I am an advocate of giving praise when it’s due and my experiences with you have certainly led me to the conclusion it’s due.”- Solicitor, CE Ltd v MED Ltd & Q Ltd v H Ltd.

“I am delighted with the services provided by chambers and particularly that of James; there is no question that he went above and beyond. His diligence, efficiency and clear ability to sort wheat from chaff was invaluable and to top it all a thoroughly nice chap.” – H Ltd v TBDS, lay client

Qualifications

Bar Professional Training Course – Very Competent
LLB (Hons) – First Class

Memberships

Honourable Society of the Inner Temple
Chancery Bar Association
Property Bar Association
R3 Association of Business Recovery Professionals
Technology & Construction Bar Association (TECBAR)
Society of Construction Law
Financial Services Law Association

Interests

James is a keen skier and a follower of the Hampshire and England cricket teams, as well as Harlequins and England rugby teams. He is also an enthusiastic cook and enjoys good food and drink.

Construction

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.