James Goodwin

Insolvency

James has a wide insolvency practice and appears regularly before ICC Judges. James also has a particular interest in receivership applications, being a contributing author to Kerr & Hunter on Receivers and Administrators.

Recent instructions include:

• Acting (alongside Thomas Robinson) for the joint administrators of eight companies within the Carlauren Group of luxury hotels and care homes.
• Acting (unled) for the applicant in an application to (i) set aside the decisions of joint supervisors of an IVA to allow various creditors of disputed multi-million pound debts to vote at a creditors meeting; and (ii) to revoke the approval of a proposed IVA.
• Acting, led by Marcia Shekerdemian KC, in an application to set aside an administration order on grounds of improper purpose and COMI: Thomas v Frogmore Real Estate Partners GP1 Ltd [2017] EWHC 25 (Ch).
• Acting (led by Lexa Hilliard KC) in a confidential application to restrain the presentation of a winding up petition in the context of a dispute between two high profile companies.
• A (potentially) high-profile application for bankruptcy, in which James successfully applied on behalf of the respondent for the hearing to be heard in private and listed under anonymised names.

Download Insolvency CV

Professional liability

James is often instructed in relation to professional liability claims, especially where such claims interact with commercial chancery matters. Recent matters with which James has been involved include:

• Advising and acting (led by Mike Tennet KC) in a professional negligence claim against a firm of solicitors in respect of advice given to a trustee of a scheme in respect of pension benefits liable to statutory indexation.
• Bloxwich Pension Scheme. James was instructed alongside Jonathan Hilliard KC to act for the defendant law firm facing professional negligence claims in relation to an alleged failure to equalise scheme benefits.
• Acting (led by Martin Hutchings KC) for a defendant property developer in respect of a large dispute over architectural services
• Assisting Lawrence Cohen KC in Symrise v BM, a professional negligence claim arising out of the Mexican tax implications of a highly leveraged acquisition by a private equity fund.
• Acting in a successful claim against a negligent estate agent.
• Advising in relation to professional negligence claims brought against solicitors, IFAs, and investment managers.

Download Professional liability CV

Property

James has significant experience of contentious property litigation, in particular where such disputes involve fraud, trusts, and equitable remedies.

A recent example is Lucas v Gilbert [2022] 2 WLUK 177, where James acted as sole counsel in a 3-day trial concerning a joint venture in respect of a property development, which concerned allegations of breaches of fiduciary duty and undue influence. See link here.

James also has extensive experience of possession claims, in particular against trespassers. One high profile example was the eviction of the protestors occupying the historic Elephant & Castle pub (see link here).

Previous matters include:

• Acting (with Julian Greenhill KC) in a wide-ranging dispute involving the application of the Access to Neighbouring Land Act and the Party Wall Act in the context of a major housing development.
• Acting (as part of a large team, including Julian Greenhill KC and James McCreath) for the sewerage undertaker (United Utilities) in the long-running dispute over the lawfulness of discharges of water and treated effluent into the Manchester Ship Canal.
• Acting (led by Joanne Wicks KC) for a supermarket chain in a dispute over whether an agreement was lawfully terminated in circumstances where a satisfactory planning permission had not been obtained.

• Assisting Jonathan Davey KC in relation to Phillips v Francis, the leading case on when consultation requirements under section 20 of the LTA 1985 are triggered.
• Advising in relation to a variety of property matters, including forfeiture of leases, disputed service charges, invalid notices to complete and the subsequent recovery of deposits, the operation of the Right to Manage legislation, and renewal of business tenancies under the 1954 Act.

Download Property CV

Trusts, probate and estates: contentious

James has a busy practice in trusts (both offshore and onshore) and traditional chancery.  He is ranked in Chambers and Partners (Chancery: Traditional) and the Legal 500 (Private Client: Trusts and Probate).

Much of James’ trusts work is offishore and international in nature. His practice includes advising and acting for settlors, trustees, beneficiaries and protectors. In trusts proceedings James has appeared in courts at all levels up to and including the Privy Council.

In the early part of 2015, James spent time as an associate in the offices of Carey Olsen, a leading Channel Island firm, and acted in a number of proceedings, primarily concerning high value trust litigation.

Recent instructions include:

• Z Trust litigation. James acts (led by Emma Jordan) for the former trustee of a Jersey trust. The matter is listed to be heard before a 7-member panel of the Judicial Committee of the Privy Council in June 2021 to determine the status of a trustee’s equitable lien and its priority in circumstances where the trust is ‘insolvent’.
• M Trust James acts for the trustee of extremely high value trusts administered in Guernsey in the context of removal proceedings and restructuring of the trusts.
• Ad Hoc Arbitration. James acts (led by John Martin KC and Fenner Moeran KC) for the claimant beneficiary in a multi-billion dollar trusts dispute, concerning a contested distribution of the entirety of the trust assets to the settlor-beneficiary. The proceedings raise issues of rectification, mistake, breach of trust, dishonest assistance and unconscionable receipt.”
• Morina and others v Scherbakova and others. James (led by Giles Richardson) acts for the widow of a deceased Russian businessman in high value international probate litigation and related proceedings concerning the ownership of shares in a BVI company.
• Acting as sole counsel for one of the professional trustees in the latest chapter of the Earl of Cardigan litigation.
• Assisting Robert Ham KC in Marley v Rawlings, the Supreme Court case about mirror wills, now the leading case on the validity, interpretation and rectification of wills.
• Patel v Patel (Royal Court, Guernsey): James acted for the defendant trustees in an application for information in the context of a worldwide dispute.
• Advising in the wide-ranging Guernsey proceedings concerning the Tchenguiz Discretionary Trust (Investec v Glenalla).
• Advising the trustees of the Church Property Trustees, statutory trustees of Christchurch Cathedral, New Zealand, as to the application of insurance proceeds received in relation to the contents of the Cathedral damaged in the Canterbury Earthquake Sequence of 2010-2011.
• Obtaining (alongside Thomas Seymour) a freezing injunction against personal representatives who had misappropriated assets.
• Assisting Robert Ham KC and Andrew Mold KC in a case concerning the administration of a charitable trust administered in the Isle of Man, resulting in a leading judgment on when trust proceedings will be held in private.
• Advising in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and applications under the Variation of Trusts Act 1958.

Download Trusts, probate and estates: contentious CV

International arbitration

James has experience in arbitrations under LCIA and UNCITRAL Rules, acting both as sole counsel and as a junior as part of a larger team. James’ experience spans a number of industry sectors, including start-up companies, telecommunications, and oil and gas. Further, James has acted and advised in relation to the intersection between civil proceedings and arbitration, including parallel litigation, and interim relief in support of arbitral proceedings.

Recent instructions include:  

• Acting (as sole counsel) for the Claimant in an LCIA arbitration concerning:
• • Specific performance of a contract for the grant of shares;
  • Allegations of breach of fiduciary duty; and
  • Valuation of the shares in private companies.
• Acting (alongside John Martin KC and Fenner Moeran KC) for the Claimant in a UNCITRAL arbitration of a multi-billion dollar trust dispute, concerning issues related to:
• • Rectification;
  • Mistake;
  • Breach of trust;
  • Dishonest assistance and knowing receipt;
  • Reconstitution of trust assets and equitable compensation; and
  • Replacement of trustees.

Download International arbitration CV