James Potts

Company law, corporate insolvency (cross border and domestic), financial services, LLP, partnership and related commercial litigation. Currently, about 75% of cases are contentious matters, with the remainder being non-contentious advisory work. Notable recent cases include: Burnden Holdings (UK) Ltd v Fielding [2019] (acting for successful Defendants resisting fraud claims by liquidator relating to distribution); Cool Seas (Seafoods) Ltd v Interfish Ltd [2018] (acting for successful Respondent in obtaining “sell out” order and substantial compensation for fraudulent breaches of duty in shareholder dispute); Re Dee Valley Group Plc [2017] (acting for members objecting to a takeover by scheme of arrangement); Brightside Group Ltd v RSM UK Audit LLP [2017](acting for claimants in auditor’s professional negligence claim – objection to service dismissed); PJSC Commercial Bank Privatbank v Kolomoisky (acted for Bank successfully resisting attempts to exclude disclosure obligations on WFO); JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev (successfully resisted application by trustees to discharge WFO); Autonomy Corporation Ltd v Lynch and Hussain (acting for HP entities in breach of fiduciary duty and deceit claim); Re Charterhouse Capital Ltd [2015] (private equity firm shareholder disputes); various large commercial arbitrations. Company advisory work includes many reductions of capital and members’ schemes of arrangement.