James Culverwell

James is an experienced advocate specialising in commercial litigation and property law with particular expertise in construction disputes as well as insolvency and companies work. James appears in the High Court and County Court at first instance and on appeal. James normally appears as sole counsel but has also been led in a number of matters.

James has comprehensive oral advocacy skills having started his career with a common law practice covering Civil, Crime and Family. 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 brings a practical and common-sense approach to his work.

“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 (2023)

“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

“Another very thorough and well-thought out advice. Thank you.” – Solicitor, F v E Council

Qualifications

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

Memberships

Honourable Society of the Inner Temple
Society of Construction Law
Technology & Construction Bar Association (TECBAR)
Property Bar Association
Chancery Bar Association
R3

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.

Commercial

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, 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. Having acted in around 50 cases in 2023 alone, these cases are not included in the list of recent cases below.

Notable Cases

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

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.