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James Egan

James has a busy and successful traditional and commercial chancery, property and private client practice. Both in and out of Court, he is often commended for his attention to detail, focused legal analysis, and his persuasive written and oral advocacy. He takes a calm and considered view to all cases, combining his legal knowledge with practical, commercial advice.

Whilst James is regularly instructed in cases of all sizes and complexity, his expertise has led him to be instructed by a number of leading firms often in high value and/or complex reported cases including Re A Company [2022] EWHC 943 (Ch); Royal Commonwealth Society for the Blind (also known as Sightsavers International, registered charity number 207544) v John Wayland Beasant (in his personal capacity and as Personal Representative of the estate of Audrey Thelma Arkell deceased) & Ors [2021] EWHC 351 (Ch); and Harbour Fund III LP v Kazakhstan Kagazy PLC & Ors [2021] EWHC 1128.

James is also frequently instructed in cases brought by or against children and/or protected parties, and he is very familiar with acting on behalf of, or litigating against, ‘litigation friends’ for children and protected parties whether in civil and/or insolvency proceedings. James is adept at adapting his approach sensitively to ensure the best and most appropriate handling of such cases.

Commercial & Business Disputes

Civil Fraud & Asset Recovery

James has considerable experience in dealing with civil fraud and asset recovery matters both in terms of urgent injunctive relief as well as substantive Part 7 claims for final relief. As the nature of such civil fraud and asset recovery cases often necessitate extensive disclosure, James is fully familiar with advising on and seeking pre-action disclosure orders under CPR 31.16, specific disclosure orders under CPR 31.12, and non-party disclosure orders under CPR 31.17 (particularly Norwich Pharmacal Orders) to assist in locating, identifying and recovering misappropriated assets.

James’s experience in this area includes:

  • Advising on asset ‘tracing’ and other equitable relief;
  • Obtaining worldwide freezing orders;
  • Obtaining worldwide proprietary injunctions;
  • Obtaining and defending other interim injunctive relief;
  • Obtaining pre-action disclosure orders against potential parties;
  • Obtaining pre-action non-party disclosure orders against firms of solicitors;
  • Seeking Norwich Pharmacal disclosure orders against third party banks;

James has a particular interest in the ‘overlap’ between the civil jurisdiction to make freezing orders/injunctions, and the complementary jurisdiction in the Criminal Courts to make account freezing orders/restraint orders under the Proceeds of Crime Act 2002. In this regard, James has experience of cases where civil freezing orders/proprietary injunctions are sought by one party against the backdrop of restraint orders already obtained by a different third party.

Once final relief has been obtained via Part 7 proceedings, James is also regularly instructed at an enforcement stage and thus he is fully familiar with seeking, amongst other things, charging orders over property, and transfers of legal title.

 

Commercial Disputes

James is regularly instructed to handle commercial disputes of all kinds. As an example of his expertise in this area, in the reported case of Harbour Fund lll LP v Kazakhstan Kagazy Plc [2021] EWHC 1128 (Comm) James, led by Rupert D’Cruz QC, successfully defended Kazakhstan Kagazy JSC against numerous claims by Harbour Fund III LP in relation to a $300 million judgment obtained in early Kagazy v Zhunus litigation. This dispute spanned multiple areas of law including alleged contractual variation and interpretation, alleged agency and authority issues, and alleged unjust enrichment/restitution. His wider experience in this area includes:

  • Obtaining worldwide freezing and proprietary injunctions, Norwich Pharmacal orders, interim injunctions and orders for disclosure (including in respect of judgments obtained abroad);
  • Advising and representing banks, credit providers and customers within commercial disputes arising out of the sale of goods (including pursuant to the Sale of Goods Act 1979, Supply of Goods & Services Act 1982, Consumer Rights Act 2015 and The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013);
  • Drafting proceedings and representing parties in bailment, trespass to goods, conversion and other Torts (Interference with Goods) Act 1977 claims;
  • Advising on agency agreements and the authority of agents;
  • Representing parties in claims concerning guarantees and indemnities;
  • Advising on and representing parties in Consumer Credit Act 1974 claims;
  • Advising on jurisdictional disputes (forum and choice of law) arising from international supply contracts;
  • Advising on and drafting pre-action correspondence in claims concerning Quistclose trusts, and statutory trusts (for example, under the Estate Agents Act 1979) in the commercial context; and
  • Advising and drafting unjust enrichment and restitution claims;

James also enjoys being instructed to review, advise on and draft contractual terms in the contract drafting/contract renewal processes.

 

Insolvency

James has extensive experience in the full range of insolvency matters, and has been instructed in proceedings across the country, and the nature of his specialism in this area has led to multiple reported cases including The nature of his specialism means that several of his cases have been reported including Re A Company [2022] EWHC 943 (Ch), and Harbour Fund lll LP v Kazakhstan Kagazy Plc & Others [2021] EWHC 1128 (Comm) in which James, led by Rupert D’Cruz KC, successfully defended Kazakhstan Kagazy JSC against numerous claims by Harbour Fund III LP in relation to a $300 million judgment and which necessitated consideration of the authority of a Rehabilitation Manager under Kazakh insolvency law.

His further experience in this area includes:

  • Representing one of the defendant directors in a multi-day High Court misfeasance trial with allegations of transactions at an undervalue and/or preferences claimed in the hundreds of thousands of pounds.
  • Drafting, obtaining and defending winding-up petitions against domestic and international companies (latterly with a UK presence or base), insolvent partnerships under the Insolvent Partnerships Order 1994, and/or the winding-up of LLPs under s14 LPPA 2000 and the LPP Regulations 2001.
  • Obtaining and defending injunctions to restrain presentation and/or advertisement of winding up petitions (including relying upon the temporary restrictions on presenting winding-up petitions during the coronavirus pandemic under the Corporate Insolvency and Governance Act 2020, as well as the ongoing restrictions under the Commercial Rent (Coronavirus) Act 2022));
  • Applying to rectify the register of members and appoint directors following the death of the sole director/shareholder of a ‘Model A’ Articles company;
  • Advising on and successfully obtaining orders to re-vest the family home following bankruptcy where the automatic re-vesting provisions were not engaged;
  • Obtaining extensions of company administrations;
  • Setting aside an alleged sham trust within bankruptcy proceedings;
  • Obtaining validation orders for payments made/to be made following presentation of a petition;
  • Advising upon and obtaining orders for restoration of companies to the Register; and
  • Making and opposing applications to set aside statutory demands;

 

Company

James enjoys advising and representing parties in all aspects of company disputes. His experience in this area includes:

  • Advising on and dealing with contributories winding-up petitions;
  • Advising on and dealing with unfair prejudice petitions under section 994 of the Companies Act 2006;
  • Applying to relieve a director from liability for breach of directors’ duties under section 1157 of the Companies Act 2006;
  • Advising and drafting corporate governance documentation (including resolutions, minutes of meetings, and amendments to Articles of Association).
  • Assisting Lesley Anderson QC in Bhullar v Bhullar & Ors [2017] EWHC 407 (Ch) which was a complex High Court derivative claim trial concerning breach of directors’ duties, the Re Duomatic principle, limitation issues under sections 21 and 32 of the Limitation Act 1980, and relief under section 1157 of the Companies Act 2006.

Qualifications


  • MA, Downing College, University of Cambridge (2018)
  • Bar Professional Training Course (Outstanding), BPP University (2015)
  • BA Law (Double First Class), Downing College, University of Cambridge (2014)

Associations & Memberships


  • Contentious Trusts Association (‘ConTrA’)
  • Chancery Bar Association

For more information and advice

Call: +44 (0)20 7405 0758

Email: clerks@tenoldsquare.com

Pricing Policy

Unless otherwise agreed my Clerk will calculate my fees based on my current hourly rate. My rates are reviewed annually and details can be obtained from my Clerk. Once a rate is set for any particular case the hourly rate will only ever be adjusted with express agreement between my Clerks and those instructing me. All fees are subject to VAT at the prevailing rate where applicable.

Seminars & Webinars


Breakfast Briefings 2024

Awards


James has been awarded several academic prizes for academic performance including:

  • Hubert Greenland Pupillage Award, 2015 – Lincoln’s Inn
  • Buchanan Prize, 2015 – Lincoln’s Inn
  • Graduating Scholar, 2014 – Downing College, University of Cambridge
  • Senior Harris Scholarship, 2014 – Downing College, University of Cambridge
  • Platt Prize for Especial Distinction in University & College Examinations, 2014 – Downing College, University of Cambridge
  • Clifford Chance CJ Hampson Prize 20 June 2014
  • Lord Denning Scholarship, 2014 – Lincoln’s Inn
  • Excellence Award, 2014 – BPP Law School
  • James William Squire Scholarship, 2013 – Faculty of Law, University of Cambridge
  • Hardwicke Entrance Award, 2013 – Lincoln’s Inn
  • Harris Scholarship, 2013 – Downing College, University of Cambridge
  • Seton-Cavendish Award – Downing College, University of Cambridge

James Egan is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Ref 66449] and governed by the Conduct Rules of the Bar of England and Wales. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/078] to provide legal services, please refer to the BMIF website for full details of the cover provided. He is registered for VAT under the reference 256487860.

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