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.

Insolvency

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. As well as Companies Act matters such as preferences, wrongful trading, directors’ liability and procedures under the Insolvency Rules, Insolvency Act and Companies Act.

James is currently instructed as a junior on a very large cross-border civil fraud, insolvent trading and misfeasance claim.

Recent Cases

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