James Fox

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James Fox

Barrister

Call 2015

James Fox undertakes a broad range of commercial work in line with Chambers’ practice areas. James is recognised as a leading junior in Civil Fraud by Legal 500, and has been engaged in a number of market leading civil fraud cases. 

These include the 93-day trial in the Autonomy litigation, which the Judge noted “may rank amongst the longest and most complex in English legal history” and resulted in a 1200 page judgment which “may well be unparalleled”.

Recent instructions include:

Novitas v AmTrust (Comm)
Acting (with Sonia Tolaney KC and Saul Lemer) for the claimant in multi-million pound proceedings concerning a claim under an indemnity related to a litigation financing business. The dispute includes claims in restitution.

Entain v SEM and Ors (Comm)
Acting (with James MacDonald KC) for the defendants in a claim for breach of warranty under an SPA following the sale of a betting and remote gambling business in the Netherlands. There is a counterclaim for sums due under deferred consideration provisions, and damages for breach of contract.

Kallakis v AIB [2023] EWHC 2148 (Comm)
Acting (with Neil Kitchener KC and Sandy Phipps) for the defendant bank in claims exceeding £300 million relating to the alleged fraudulent undervalue sale of a portfolio of mortgaged properties. The causes of action alleged included sale at undervalue, sale without authority, misrepresentation and unjust enrichment.

Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch)
Acting (with Laurence Rabinowitz KC, Patrick Goodall KC, Conall Patton KC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.

SKAT v Solo Capital Partners LLP (in administration) and Ors (Comm)
Acted (led variously by Laurence Rabinowitz KC, Michael Fealy KC, Jamie Goldsmith KC and others) for the Danish Tax and Customs Administration in a claim relating to an alleged conspiracy involving fraudulent withholding tax reclaim applications in the sum of DKK 12 billion (approximately £1.5 billion). The case featured in The Lawyer’s “Top 20 Cases” for 2021. The case has been described by Foxton J as “one of the largest and most complex pieces of litigation to be heard in the Commercial Court”.

  • Examples of Recent Cases

    • Arbitration

      • 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.
    • Banking and Financial Services

      • Kallakis v AIB [2023] EWHC 2148 (Comm)
        Acting (with Neil Kitchener KC and Sandy Phipps) for the defendant bank in claims exceeding £300 million relating to the alleged fraudulent undervalue sale of a portfolio of mortgaged properties. The causes of action alleged included sale at undervalue, sale without authority, misrepresentation and unjust enrichment.
      • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
        Acted (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.
    • Civil Fraud

      • Kallakis v AIB [2023] EWHC 2148 (Comm)
        Acting (with Neil Kitchener KC and Sandy Phipps) for the defendant bank in claims exceeding £300 million relating to the alleged fraudulent undervalue sale of a portfolio of mortgaged properties. The causes of action alleged included sale at undervalue, sale without authority, misrepresentation and unjust enrichment.
      • Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch)
        Acting (with Laurence Rabinowitz KC, Patrick Goodall KC, Conall Patton KC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.
      • SKAT v Solo Capital Partners LLP (in administration) and Ors (Comm)
        Acted (led variously by Laurence Rabinowitz KC, Michael Fealy KC, Jamie Goldsmith KC and others) for the Danish Tax and Customs Administration in a claim relating to an alleged conspiracy involving fraudulent withholding tax reclaim applications in the sum of DKK 12 billion (approximately £1.5 billion). The case featured in The Lawyer’s “Top 20 Cases” for 2021. The case has been described by Foxton J as “one of the largest and most complex pieces of litigation to be heard in the Commercial Court
      • Blockchain and Petrochemical v LFE Market Ltd & Ors [2020] EWHC 2027 (Comm)
        Acting (with Orlando Gledhill KC) for the claimants in a claim for fraudulent misrepresentation, breach of contract, procuring breach of contract and conspiracy in relation to a start-up cryptocurrency project.
      • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm)
        Acted (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

      • Novitas v AmTrust (Comm)
        Acting (with Sonia Tolaney KC and Saul Lemer) for the claimant in multi-million pound proceedings concerning a claim under an indemnity related to a litigation financing business. The dispute includes claims in restitution.
      • Entain v SEM and Ors (Comm)
        Acting (with James MacDonald KC) for the defendants in a claim for breach of warranty under an SPA following the sale of a betting and remote gambling business in the Netherlands. There is a counterclaim for sums due under deferred consideration provisions, and damages for breach of contract.
      • Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch)
        Acting (with Laurence Rabinowitz KC, Patrick Goodall KC, Conall Patton KC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.
      • SKAT v Solo Capital Partners LLP (in administration) and Ors (Comm)
        Acted (led variously by Laurence Rabinowitz KC, Michael Fealy KC, Jamie Goldsmith KC and others) for the Danish Tax and Customs Administration in a claim relating to an alleged conspiracy involving fraudulent withholding tax reclaim applications in the sum of DKK 12 billion (approximately £1.5 billion). The case featured in The Lawyer’s “Top 20 Cases” for 2021. The case has been described by Foxton J as “one of the largest and most complex pieces of litigation to be heard in the Commercial Court
      • Kallakis v AIB [2023] EWHC 2148 (Comm)
        Acting (with Neil Kitchener KC and Sandy Phipps) for the defendant bank in claims exceeding £300 million relating to the alleged fraudulent undervalue sale of a portfolio of mortgaged properties. The causes of action alleged included sale at undervalue, sale without authority, misrepresentation and unjust enrichment.
      • Blockchain and Petrochemical v LFE Market Ltd & Ors [2020] EWHC 2027 (Comm)
        Acting (with Orlando Gledhill KC) for the claimants in a claim for fraudulent misrepresentation, breach of contract, procuring breach of contract and conspiracy in relation to a start-up cryptocurrency project.
      • FM Capital Partners v Marino and Ors (freezing injunction) [2018] EWHC 2612 (Comm); [2018] EWHC 2889 (Comm)
        Acted (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)
        Acted (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.
      • Advised (as sole counsel) a supplier of freelance contractors in the IT industry about potential economic torts claims.
    • Company

      • Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch)
        Acting (with Laurence Rabinowitz KC, Patrick Goodall KC, Conall Patton KC and others) for Autonomy and others in fraud claims worth $5 billion in relation to the acquisition of Autonomy by the HP group. The case featured in The Lawyer’s “Top 20 Cases” for 2019. A 93-day trial concluded in January 2020, which Hildyard J noted “may rank amongst the longest and most complex in English legal history”. The 1200 page (excluding schedules and appendices) judgment on liability “may well be unparalleled”. Quantum to be determined in a later judgment.
      • 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.
    • Energy and Natural Resources

      • 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.
    • Letters of Request

      • 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.
    • Advocacy

      James has appeared as sole counsel in both High Court and County Court proceedings. His High Court hearings have included CCMCs, a specific disclosure application, and an application for the production of documents by a party to Spanish litigation from a non-party in England under EU Regulation 1206/2001. 

  • Notable Decisions

    • Kallakis v AIB [2023] EWHC 2148 (Comm) – 5-week Commercial Court trial
    • Autonomy v Lynch and Hussain [2022] EWHC 1178 (Ch) – 9-month Chancery Division trial
    • Blockchain and Petrochemical v LFE Market Ltd & Ors [2020] EWHC 2027 (Comm) – freezing injunction, strike-out, duty of full and frank disclosure
    • FM Capital Partners v Marino and Ors [2018] EWHC 2612 (Comm); [2018] EWHC 2889 (Comm) – post-judgment freezing injunction decisions
    • FM Capital Partners v Marino and Ors [2018] EWHC 1768 (Comm); [2018] EWHC 2905 (Comm) – 3-week Commercial Court trial and consequentials decisions
    • AFELMA v Actis SA [2017] EWHC 738 (QB) – production of a document for Spanish litigation under EU Regulation 1206/2001
  • What the Directories Say

    Ranked as a Leading Junior by Legal 500 (Fraud: Civil)

  • 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]

Latest

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Commercial Court dismisses abusive claims following trial

On 6 September 2023, Andrew Baker J handed down judgment in the case of Kallakis v AIB [2023] EWHC 2148...

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Hewlett-Packard succeeds in landmark Autonomy case: full judgment handed down

Mr Justice Hildyard has handed down judgment in the proceedings brought by Hewlett-Packard against Dr...

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Hewlett-Packard succeeds in landmark Autonomy case

Mr Justice Hildyard has released a summary of his conclusions in the proceedings brought by Hewlett-Packard...

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