James Cutress
Call date
2000
Practice Areas
James Cutress specialises in commercial litigation and arbitration, including:
- Insurance and Reinsurance
- Professional Negligence
- Commercial Contracts
- Banking & Finance, including securitisations, swaps and derivatives
- Aviation
- Civil Fraud
Recommendations (Practitioners' Guides)
Recommended as a Leading Junior by Legal 500 in:
- Commercial Litigation
- Insurance and Reinsurance
- Aviation
Recommended as a Leading Junior by Chambers and Partners in:
- Insurance
- Aviation
Recommended as a legal expert by UK Legal Experts in Commercial Litigation.
Comments about James in the legal directories in recent years include that James:
- “Quickly establishing himself as an outstanding rising star.”
- "delivers ‘superb quality of service".
- “is 'destined for a very bright future'".
- is “an indicator of the talent that is coming through the ranks at Fountain Court … His tenacity has not gone unnoticed by sources, who comment that “he has gained the respect and confidence of some extremely demanding clients.””
- “gains significant acclaim for developing a reputation in commercial and public law aviation disputes. The past year has seen him become involved in some of the set’s most noteworthy cases…"
- “secures himself substantial praise as a promising insurance junior for the future..."
Education
BA Law, Oxford (Top First in the University)
BCL, Oxford (First Class)
LLM, Harvard Law School (magna cum laude equivalent)
Inns of Court School of Law (Second in year)
Prizes & Scholarships
Scholarships
Eldon Scholarship (Oxford University, 2000)
Denning Scholarship (Lincoln's Inn, 2000)
Scarman Scholarship (Inns of Court School of Law, 2000)
Mansfield Scholarship (Lincoln's Inn, 1999)
Hardwick Entrance Award (Lincoln's Inn, 1999)
Kennedy Scholarship (Kennedy Memorial Trust, 1998)
British Academy Award for Postgraduate Study (1997)
Andrew Dixon Scholarship (Worcester College, Oxford, 1995)
Prizes
Martin Wronker Prize (Oxford University, 1997)
Field Fisher Waterhouse Prize (Oxford University, 1997)
Prize for Best Finals Performance in Trusts (Oxford University, 1997)
Henry S.Q. Henriques Prize (Worcester College, Oxford, 1997)
Professional Experience
James Cutress has a broad commercial practice. He has considerable experience as an advocate in his own right, as well as of working as part of a team in heavy and complex commercial disputes. He acts both before the English Courts and in international arbitrations.
Recent Practice
Insurance & Reinsurance
Lloyds and Non Lloyds, acting for (re)insurers and (re)insureds and in claims for and against brokers.
Professional Negligence
Acted in very substantial claims in a wide range of disciplines, including for auditors and solicitors.
Commercial Litigation
Acted in respect of a large number of contractual disputes of varying sizes and nature.
Civil Fraud
Including the obtaining of freezing injunctions and tracing of assets.
Aviation
Acted in claims both within and outside the scope of the Warsaw Convention including cargo claims, personal injury claims and disputes between suppliers.
Banking & Finance
Acted for and against banks in a wide range of disputes and recovery proceedings, including in relation to securitisations, swaps and derivatives.
Arbitration
Has acted in a number of confidential arbitrations, including formula one, aviation and insurance/reinsurance disputes.
Mediation
Has considerable experience both of preparing position papers for and attending mediations.
Notable Cases
Kookmin Bank v Rainy Sky and others [2010] 1 All ER (Comm) 823 (Simon J) and [2010] EWCA Civ 582
For Kookmin Bank in a $50m dispute relating to the construction of a series of advance payment bonds.
Hitachi Capital (UK) Plc v V-12 Finance Ltd [2009] EWHC 2432 (Comm)
For Hitachi in non party costs application.
Royal & Sun Alliance v BAE Systems (Operations) Limited [2008] 1 Lloyd’s Rep 712
For BAE in major LCIA reinsurance arbitration against RSA and others.
Hitachi Capital (UK) Plc v V-12 Finance Limited [2008] EWHC 1566 (Comm)
For Hitachi in Commercial Court trial against agent involving issues of contractual construction.
Re: Sabre (2005-7)
For a law firm sued for professional negligence in connection with the structuring of a US$2 billion Collateralised Bond Obligation transaction.
Re: Independent Insurance (2005-6)
For auditors sued for professional negligence by the provisional liquidators of Independent Insurance.
CNA v Pender Insurance Limited (2004-7)
For captive insurer in reinsurance avoidance proceedings and related litigation.
Re: Cinerenta (2004-6)
For insured in film finance litigation against brokers and insurers.
Lola Cars International Ltd v. Bowes & Ors (2005)
Alleged conspiracy in the international motor-sports industry.
MSAS Global Logistics v Power Packaging (The Times, 25.6.2003)
For purchaser in proceedings for specific performance of a share purchase agreement.
HSBC Bank Middle East v Fortis Fund Services (2003)
The 'Oracle Fund' litigation.
Publications
Co-Author, The Law of Privilege (Ed. Thanki, OUP, 2006)
Other Experience
Summer Associate, Litigation Department, Simpson Thacher & Bartlett, New York (2000)
Winner, Robert Wright Mooting Competition, Lincoln's Inn (2000)
Tutor in Law (Part Time) City University (1999)