James Gardner

A v B (2023-2024, LCIA arbitration) – acted for a 33% minority shareholder bringing an unfair prejudice petition seeking a buy-out valuation of the subject company which was >£100 million greater than that contended for by the majority shareholders, based on (among other things) adjustments sought in respect of allegations of unlawful means conspiracy and fraudulent misappropriations by the majority shareholders. Settled one week before the commencement of a six week trial in February 2024. Led by Andrew Fulton KC.

AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.

Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.

Deutsche Bank AG v Alexander Vik & Anor (2021-, Commercial Court, Court of Appeal) – acting for Mr Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, including Mr Vik’s appeal against the committal order in the Court of Appeal, led by Duncan Matthews KC and Rupert Hamilton.

A v B (2021, potential Commercial Court proceedings) – advised an individual threatened with an eight figure fraud claim on potential jurisdiction challenges under the post-Brexit regime and limitation defences.

A v B (2021, LCIA arbitration) – acted for a Chinese trading house claiming US$157 million for undelivered iron ore in two related LCIA arbitrations, led by Simon Milnes KC.

TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Ltd (2020-2021, Commercial Court) – acted for the bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).

A v B (2023-2024, LCIA arbitration) – acted for a 33% minority shareholder bringing an unfair prejudice petition seeking a buy-out valuation of the subject company which was >£100 million greater than that contended for by the majority shareholders, based on (among other things) adjustments sought in respect of allegations of unlawful means conspiracy and fraudulent misappropriations by the majority shareholders. Settled one week before the commencement of a six week trial in February 2024. Led by Andrew Fulton KC.

AO Alfa-Bank v Kipford Ventures Ltd (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.

Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.

Select & Ors v Dean Norman (2022-, Chancery Division) – acting for the claimant entities in proceedings against (among others) their former finance director and his father concerning unexplained payments totalling £12 million said to have been made pursuant to alleged ‘loans’, including application for summary judgment on an account claim, led by Matthew Parker KC.

Deutsche Bank AG v Alexander Vik & Anor (2021-, Commercial Court, Court of Appeal) – acting for Mr Vik in relation to committal proceedings brought by Deutsche Bank for alleged breaches of a Part 71 order made in respect of a US$330 million judgment debt, including Mr Vik’s appeal against the committal order in the Court of Appeal, led by Duncan Matthews KC and Rupert Hamilton.

Margulies v Margulies (2020-2022, Chancery Division) – acted for the defendant and summary judgment applicant in proceedings by which the claimant alleged that the defendant, his brother, had fraudulently concealed the existence of a trust over monies in a Swiss bank account said to have been created by their late father, led by Conall Patton KC.

A v B (2021, potential Commercial Court proceedings) – advised an individual threatened with an eight figure fraud claim on potential jurisdiction challenges under the post-Brexit regime and limitation defences.

Daly v Ryan (2021, Chancery Appeals Centre) – acted as sole counsel for the respondents in an application for an order imposing conditions on the appellants’ permission to appeal against an €8.5 million judgment debt in a fraud claim.

Ocean Holidays Ltd v Collins (2020, Queen’s Bench Division) – acted for a travel company bringing proceedings against a fraudster-employee, first obtaining a freezing injunction (while on secondment, with Philip Riches KC) then settling pleadings as sole counsel.

AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.

Wenda Co Ltd v Wang Jinhong & Ors (2022-, Commercial Court) – acting for a Chinese food ingredients manufacturer claiming approx. US$5 million against its previous finance director and her associated companies for the allegedly fraudulent operation of an invoice financing arrangement, including applications for freezing/proprietary injunctions and associated disclosure, led by Simon Milnes KC; obtained a third party disclosure order as sole counsel.

A v B (2021, potential Commercial Court proceedings) – advising a South-East Asian conglomerate facing a claim under a parent company guarantee as to its potential defences and rights of subrogation, led by Simon Milnes KC.

TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Ltd (2020-2021, Commercial Court) – acted for the bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).

Acted for a Citigroup entity defending numerous County Court claims brought by PPI policyholders under section 140A of the Consumer Credit Act 1974, raising issues as to the application of section 32 of the Limitation Act 1980.

AO Alfa-Bank v Kipford Ventures Limited (2023-, BVI Commercial Court) – acting for the bank in relation to its claims for (among other things) US$140 million brought in various causes of action said to arise from the bank having been fraudulently induced to finance the purported acquisition of a coal mine, led by Paul Lowenstein KC.

A v B (2021, LCIA arbitration) – acting for a Chinese trading house claiming US$157 million for undelivered iron ore in two related LCIA arbitrations, led by Simon Milnes KC.

A v B (2021, LMAA arbitration) – acted for a ship-owner at a 5-day trial defending a claim for cargo damage said to arise from the contamination of a cargo of potable ethanol, led by Julian Kenny KC.

TOTSA Total Oil Services SA v (1) Zenrock Commodities Trading Pte Ltd (2) Hong Kong and Shanghai Banking Corporation Limited (2020-2021, Commercial Court) – acted for a bank defending a claim for rectification and counterclaiming US$16 million as assignee of its trade finance customer’s rights under a contract for the sale of oil (led by Andrew Fulton KC).