James Potts KC KC > Erskine Chambers > London, England > Barrister Profile
Erskine Chambers Offices
1, Paper Buildings
London
EC4Y 7EP
England
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James Potts KC KC
Position
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: Re Carillion Plc (acting for respondent in disqualification proceedings); acting for successful claimant securing $300m buy-out award in DIFC LCIA unfair prejudice arbitration; 1Globe Capital LLC v Sinovac Biotech Ltd [2024] (Privy Council concerning validity of poison pill agreements and conduct of AGMs); Saxby v UDG Healthcare (UK) Holdings Ltd [2021] successful resistance of fraudulent misrepresentation claim relating to earn-out targets; Organic Grape Spirit Ltd v Nueva IQT SL [2020] review by CA of authorities on proviso to freezing order; Re Sturgeon Central Asia Balanced Fund [2020] termination of recognition order under cross-border insolvency regulations; Burnden Holdings (UK) Ltd v Fielding [2019] (acting for successful Defendants resisting fraud claims by liquidator relating to distribution); various large commercial arbitrations. Company advisory work includes many reductions of capital and members’ schemes of arrangement.
Career
Called 1994; Gray’s Inn; Silk 2013
Publications:
‘Practice & Procedure of the Companies Court’ (1997); ‘Company Directors: Law and Liability’ (1997).
Languages
Fluent Spanish.
Memberships
COMBAR; Chancery Bar Association.
Lawyer Rankings
London Bar > Company
(Leading Silks)Ranked: Tier 2James Potts KC – Erskine Chambers ‘James is a great team player who will always give a thoughtful, reasoned explanation of his views.’
London Bar > Insolvency
(Leading Silks)Ranked: Tier 4London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 4Well-regarded for its company law and insolvency expertise, Erskine Chambers is ‘excellent for commercial litigation and corporate litigation’. James Potts KC acts for the Co-operative Group in a £450 million lawsuit initiated by the liquidators of Food Retailer Operations, which involves claims of preferential treatment and undervalued transactions following the group’s restructuring efforts in 2015 and 2016. In Nam Tai Property v West Ridge Investment, David Chivers KC represented the appellate in a case concerning whether, following a BVI Commercial Court ruling setting aside an allotment of shares, the property development and management company is obliged to return the subscription monies.