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Practice Summary

James Fox undertakes a broad range of commercial work in line with Chambers’ practice areas. As well as acting as junior counsel in Commercial Court and Chancery Division proceedings, he has appeared as sole counsel in both the High Court and County Court. 

Recent instructions include:

Autonomy v Lynch and Hussain
Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton and others) for Autonomy and others in fraud claims worth $ 5 billion in relation to the acquisition of Autonomy by the HP group. 

FM Capital Partners v Marino and Ors (freezing injunction) [2018] EWHC 2612 (Comm); [2018] EWHC 2889 (Comm)
Acting (with Laurence Emmett) in relation to a post-judgment freezing injunction.

FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
Acting (with Laurence Emmett) for the third defendant in a claim for dishonest assistance, conspiracy, knowing receipt and bribery in relation to structured products.

SIAC arbitration (Singapore seat)
Acted (with Laurence Rabinowitz QC, Nick Sloboda and others) for an oil and gas company in a claim for $5.5bn for alleged fraud and breach of warranty under a SPA.

AFELMA v Actis SA [2017] EWHC 738 (QB)
Acted (as sole counsel) for a Spanish trading body, seeking the production of a document from a non-party in the United Kingdom under EU Regulation 1206/2001.

McGraw-Hill International v Deutsche Apotheker & Ors 
Acted for the investors (with Daniel Toledano QC, Jamie Goldsmith, Sharif Shivji and others) in a Commercial Court claim against a rating agency and a bank for alleged negligence and negligent and fraudulent misrepresentations arising from the sale of Constant Proportion Debt Obligations. The damages claimed exceeded €130m. 

EXAMPLES OF RECENT CASES

  • Arbitration

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    • SIAC arbitration (Singapore seat)
      Acted (with Laurence Rabinowitz QC, Nick Sloboda and others) for an oil and gas company in a claim for $5.5bn for alleged fraud and breach of warranty under a SPA.
    • IFTA Arbitration (England and Wales seat)
      Settled (as sole counsel) a defence and counterclaim regarding a debt claim under a film distribution agreement. The case raised issues concerning implied terms and unjust enrichment.
    • Assisted (during pupillage) Jamie Goldsmith in an SCC arbitration claim against a Russian bank concerning the assignment of shares.
  • Banking and Financial Services

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    • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
      Acting (with Laurence Emmett) for the third defendant in a claim for dishonest assistance, conspiracy, knowing receipt and bribery in relation to structured products.
    • McGraw-Hill International v Deutsche Apotheker & Ors 
      Acted for the investors (with Daniel Toledano QC, Jamie Goldsmith, Sharif Shivji and others) in a Commercial Court claim against a rating agency and a bank for alleged negligence and negligent and fraudulent misrepresentations arising from the sale of Constant Proportion Debt Obligations. The damages claimed exceeded €130m. 
    • Assisted (during pupillage) Conall Patton in a Commercial Court claim relating to a terminated Global Master Repurchase Agreement.
  • Civil Fraud

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    • Autonomy v Lynch and Hussain
      Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton and others) for Autonomy and others in fraud claims worth $ 5 billion in relation to the acquisition of Autonomy by the HP group. 
    • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
      Acting (with Laurence Emmett) for the third defendant in a claim for dishonest assistance, conspiracy, knowing receipt and bribery in relation to structured products.
    • SIAC arbitration (Singapore seat)
      Acted (with Laurence Rabinowitz QC, Nick Sloboda and others) for an oil and gas company in a claim for $5.5bn for alleged fraud and breach of warranty under a SPA.
  • Commercial Litigation

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    • Autonomy v Lynch and Hussain
      Acting (with Laurence Rabinowitz QC, Patrick Goodall QC, Conall Patton and others) for Autonomy and others in fraud claims worth $ 5 billion in relation to the acquisition of Autonomy by the HP group. 
    • FM Capital Partners v Marino and Ors (freezing injunction) [2018] EWHC 2612 (Comm); [2018] EWHC 2889 (Comm)
      Acting (with Laurence Emmett) in relation to a post-judgment freezing injunction.
    • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
      Acting (with Laurence Emmett) for the third defendant in a claim for dishonest assistance, conspiracy, knowing receipt and bribery in relation to structured products.
    • Michael O’Neill v AVIC International Corporation (UK) Limited (QB)
      Acted (as sole counsel) for the defendant company in both a CCMC and a disclosure hearing in the High Court relating to a debt claim under an alleged oral agreement. The fees claimed exceed £500,000.
    • Advised (as sole counsel) a creditor seeking to claim under a guarantee against an insolvent guarantor, which gave rise to formalities issues under the Statute of Fraud.
    • Assisted (during pupillage) Conall Patton in an application for a worldwide freezing injunction against a Russian citizen, which resulted in a successful committal application for contempt of court.
    • Assisted (during pupillage) Conall Patton in relation to a claim concerning the alleged liability of a vendor under a Share Purchase Agreement for tax claims against the target. 
    • Assisted (during pupillage) Conall Patton in advising on the effect of a force majeure clause.
    • Assisted (during pupillage) Jamie Goldsmith in a complex claim arising from investment in real estate assets, entailing claims for breach of fiduciary and directors’ duties, and fraudulent misrepresentation. 
    • Advised (as sole counsel) a supplier of freelance contractors in the IT industry about potential economic torts claims. 
  • Company

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    • FM Capital Partners v Marino and Ors (freezing injunction) [2018] EWHC 2889 (Comm)
      Acted (with Laurence Emmett) in relation to a post-judgment freezing injunction. The issues considered included whether a freezing injunction covers the assets of a company in which the Respondent is a shareholder/director.
    • Assisted (during pupillage) Jamie Goldsmith in relation to Insolvency Act proceedings for the winding up of a company on the just and equitable ground, and on the ground that the company was insolvent and unable to pay its debts.
  • Energy and Natural Resources

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    • SIAC arbitration (Singapore seat)
      Acting (with Laurence Rabinowitz QC, Nick Sloboda and others) for an oil and gas company in a claim for $5.5bn for alleged fraud and breach of warranty under a SPA.
    • Assisted (during pupillage) David Wolfson QC and Conall Patton in a claim concerning liability under a Joint Operating Agreement for a pensions deficit, in the context of oil exploration, development and production activities.
    • Assisted (during pupillage) Orlando Gledhill in advising on the construction of limitation and exclusion clauses in a contract for the sale of a power generator.
    • Assisted (during pupillage) Orlando Gledhill in a claim arising from a contract for the distribution of devices to reduce water consumption in showers intended partly to fulfil British Gas’s obligations under the Carbon Emission Reduction Target (CERT) scheme.
    • Assisted (during pupillage) Orlando Gledhill in a pre-action disclosure application relating to a large claim arising out of the construction of a mine shaft in Russia.
  • Letters of Request

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    • AFELMA v Actis SA [2017] EWHC 738 (QB)
      Acted (as sole counsel) for a Spanish trading body, seeking the production of a document from a non-party in the United Kingdom under EU Regulation 1206/2001. 
    • Assisted (during pupillage) Conall Patton in various matters relating to incoming letters of request from the United States under the Evidence (Proceedings in Other Jurisdictions) Act 1975. 
  • Recent Advocacy Appearances

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    • Acted (as sole counsel) in opposition to an application for further disclosure following standard disclosure in the High Court.
    • Acted (as sole counsel) in a High Court CCMC.
    • Acted (as sole counsel) for a clothing and fabric manufacturer in a claim for fees allegedly owed to a recruitment agency, which included a successful relief from sanctions application and cross-examination.
    • Acted (as sole counsel) for a Spanish trading body in Spanish proceedings seeking the production of a document from an English non-party containing trade secrets.
    • Acted (as sole counsel) in the cross-examination of a judgment debtor under CPR Part 70.
    • Acted (as sole counsel) for passengers claiming compensation under EU law for a delayed flight. This included cross-examination.
    • Acted (as sole counsel) in a claim for sums due and owing under an oral contract of loan. This included cross-examination.
    • Acted (as sole counsel) in a court claim concerning an employee’s contractual entitlement to holiday pay.

Education

  • City Law School: BPTC (Outstanding) [2014-2015]
  • Harvard Law School: LL.M [2013-2014]
  • University of Oxford: BA (Jurisprudence, with senior status) (First Class Honours) [2011-2013]
  • University of Oxford: BA (Philosophy, Politics and Economics) (First Class Honours) [2008-2011]

Other Academic Achievements

  • Eastham Scholarship, Lincoln’s Inn [2015]
  • Buchanan Prize, Lincoln’s Inn [2015]
  • Hardwicke Entrance Award, Lincoln’s Inn [2015]
  • Dean’s Scholar award for Law and the International Economy, Harvard Law School [2014]
  • Ely Carter Prize, St Anne’s College [2014]
  • Ruth Deech Prize, St Anne’s College [2014]
  • Academic Merit Award, City Law School [2014]
  • Eric Bergsten Award for Best Claimant Memorandum, Vis East Moot [2014]
  • Second Place for Best Respondent Memorandum, Vis East Moot [2014]
  • Honourable Mention for oral advocacy (ranked 4th of 194), Vis East Moot [2014]
  • Lord Mansfield Scholarship, Lincoln’s Inn [2013]
  • Highest mark (80%) in Jurisprudence finals paper, University of Oxford [2011]
  • Distinction in PPE preliminary exams, University of Oxford [2009]
  • Winner of World Schools Debating Championships, Washington DC [2008]
  • Winner of Oxford, Cambridge, Durham and Bristol Union school debating competitions [2007-2008]