James Morgan

Call: 1996

Introduction

James is an established commercial practitioner, with particular expertise in the fields of insolvency, company and commercial dispute resolution. James has a wealth of trial experience and of applications for interim relief, including freezing orders and injunctions. He has been recommended by Chambers UK and the Legal 500 for a number of years and is currently ranked in the fields of restructuring/insolvency, chancery and commercial dispute resolution. Peers say that “it is very obvious in court that he has the confidence of the judges” (Chambers UK 2014). James is also very approachable and solicitors praise him for being “ever willing to have a chat – he is always an e-mail or phone call away.” (Chambers UK 2014). James also sits as a Recorder of the County Court.

James is married with two children, three dogs and two cats. When time permits, he enjoys wine, cricket, golf and skiing.

What the directories say:

A commercial practitioner who is noted for his expertise in commercial disputes and insolvencies. His commercial chancery practice is focused on shareholder disputes and unfair prejudice petitions. Expertise: “He is tenacious, but understated – a quietly efficient and highly effective counsel.”

 

In Chambers & Partners 2014, one description lists James as “a silk in the making – he has the attributes to be a team leader and his depth of knowledge certainly matches any QC that I have dealt with.”

Chambers UK 2013 says that James has “garnered acclaim from all sides” and is viewed as “a star with a fantastic career ahead of him”. He is also praised as being “highly intelligent, pragmatic and commercial”. He provides “excellent written advice,” especially “on the more technical side of things” and is “accessible, polished and meticulous” in all he does. The Legal 500 says that James possesses “excellent legal knowledge”.

Recent Cases:

James has recently been dealing with a number of cases involving the possible defective appointment of administrators and has not only been successful in upholding the appointments but has helped to establish case law that adopts a “flexible” approach to the problems that have arisen in the out of court process. In the company field, James is currently being led in two multi-million pound shareholder disputes that are listed for trial in London and Manchester in 2013. James has also been developing his professional liability work and in 2012 has successfully acted in High Court claims for a mortgagee against a surveyor and for a liquidator against a firm of solicitors.

Reported Cases:

  • Masters v Furber [2013] EWHC 3023 (Ch). Decision of HHJ Purle QC that a supervisor of an IVA could, relying in part on a Power of Attorney in his favour, obtain a mandatory injunction requiring the debtor to comply with the terms of the arrangement in relation to the realisation of certain motor vehicles for the benefit of creditors as a whole. Reported at http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2013/3023.html
  • Re GP Aviation Ltd [2013] EWHC 1447 (Ch). Decision of the High Court as to whether a bare right to appeal was “property” within the meaning of the Insolvency Act 1986 in the context of an application by liquidator for directions as to whether he should assign the right to conduct a tax appeal to the directors of the company. http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2013/1447.html
  • Re Casa Estates Ltd [2013] EWHC 2371 (Ch). Decision of Mr Justice Warren in the context of an office-holder claim as to the meaning and effect of the “balance sheet” insolvency test in s.123(2) of the Insolvency Act 1986 following the decision of the Supreme Court in Eurosail. Currently subject to a second appeal to the Court of Appeal. http://www.bailii.org/ew/cases/EWHC/Ch/2013/2371.html.
  • Re Clenaware Systems Ltd [2013] EWHC  (Ch). Decision of HHJ Barker QC as to the principles to be applied on an application for permission to act under sections 1A and 17 of the Company Directors Disqualification Act 1986. James Morgan and Matthew Weaver were instructed by the Secretary of State.http://www.bailii.org/ew/cases/EWHC/Ch/2013/2514.html.
  • Re BXL Services [2012] BCC 657 (appointment of administrators)
  • Re Assured & Taurus [2012] BCC 541 (appointment of administrators)
  • Cathie v SSBIS [2012] EWCA Civ 739 (CDDA, second appeal)
  • Re Stealth Construction [2012] BCLC 297 (preferences)
  • Mundy v Brown [2011] BPIR 1056 (misfeasance and Quistclose trusts)
  • Hill v Stokes plc [2011] BCC 473 (appointment of administrators)
  • Green v Bramston [2011] BPIR 44 (Re Berkeley Applegate application)
  • Irwin v Lynch [2011] 1 WLR 1364 (CA) (amendments, limitation and misfeasance)
  • Bolsover DC v Ashfield Nominees [2011] BPIR 7 (CA) (council tax, winding up, limitation)
  • Dennis Rye Ltd v Bolsover DC [2010] 4 All ER 1140 (CA) (cross-claims and winding up petitions)
  • Crooks v Newdigate [2009] EWCA Civ 283 (construction of assignment)
  • Gardiner v SSBERR [2009] BCC 742 (CDDA 1986, s.8A)
  • Re Kayley Vending Ltd [2009] BCC 578 (SIP 16 and pre-appointment costs)
  • Re International Sections Ltd [2009] BCC 574 (prescribed part)
  • Arnold v Williams [2008] BPIR 247 (bankruptcy and appeals against tax assessments)
  • Re Britannia Heat (in admin) [2007] BCC 470 (CVA’s and employment law)
  • Re TM Kingdom (in admin) [2007] BCC 480 (exit route from administration)
  • Re Beauvale (in admin) [2006] BCC 912 (exit route from administration)
  • OR v Dhaliwall [2006] 1 BCLC 285 (directors’ disqualification)
  • De Crittenden v Bayliss [2005] EWCA Civ 1424 (abuse of process, fiduciary duty)
  • HL Estates v Parker-Lake [2003] All ER (D) 245 (LPA (MP) Act 1989)

Qualifications and Appointments:

  • MA Law (Cantab), Jesus College, Cambridge
  • Jesus College Foundation Scholar (1994)
  • Inner Temple Major Scholar (1995)
  • Bar Vocational Course – Outstanding (1996)
  • Attorney-General’s Panel of Provincial Advocates (appointed 2002; reappointed 2007 and 2012)
  • Recorder of the County Court (2010)

Memberships:

  • Midland Chancery & Commercial Bar Association

 

 

 


My Expertise