James Duffy
Call Date
2005
Practice Areas
James has, since arriving in Chambers, gained experience in a wide range of commercial and civil matters, including:
- Aviation
- Banking and Finance
- Commercial Litigation
- Competition and European Law
- Conflicts of Law and Jurisdiction
- Employment
- Insurance and Reinsurance
- Professional Negligence
- Sale of Goods and International Trade
Summary of Practice
James has a broad commercial and civil practice in line with Chambers' profile.
James is presently acting (with Bankim Thanki QC and Richard Handyside) for Lloyds TSB Bank in the OFT test case brought in the Commercial Court on bank overdraft charges. He is also representing Willis (with Bankim Thanki QC and Richard Coleman) in respect of substantial claims arising out of the PA LMX reinsurance market.
In 2007, James has, among other matters, acted (with David Railton QC and Marcus Smith) for GfK in a multi-million pound dispute concerning the proper interpretation of a share purchase agreement; acted (with Craig Orr QC) in interlocutory proceedings in Bermuda arising out of the collapse of Akai, Hong Kong’s biggest corporate bankruptcy; been instructed by the Treasury Solicitor to settle witness statements, draft responses to claims and appear in employment tribunals; and acted as the sole advocate in numerous High Court applications and County Court trials.
Education
- BA Law, Christ Church, Oxford (First)
- BCL, Christ Church, Oxford (Distinction)
- BVC, Inns of Court School of Law (Outstanding)
Prizes & Scholarships
- Prize for best performance in Contract Law finals paper (Oxford University, 2003)
- John Radcliffe Exhibition for best College performance in Finals (Christ Church, Oxford, 2003)
- Hugh Pilkington Scholarship (Christ Church, Oxford, 2004)
- College Scholarships (Christ Church, Oxford, 2001-2003)
- Buchanan Prize (Lincoln's Inn, 2005)
- Lord Megarry Scholarship (Lincoln's Inn, 2005)
- Lord Denning Scholarship (Lincoln's Inn, 2004
- Hardwicke Scholarship (Lincoln's Inn, 2003)
Recent Practice
Banking and finance
Office of Fair Trading v Abbey National and others - James is presently acting (with Bankim Thanki QC and Richard Handyside) for Lloyds TSB Bank in the test case in the Commercial Court brought by the OFT in respect of bank overdraft charges. He has also advised the banks on various aspects in relation to the ongoing litigation in the county courts.
Additionally, James has been instructed by a number of investment companies to draft defences to claims for breach of contract and negligent advice and by a major credit card company to draft template particulars of claim to cover a number of typical defaults.
Commercial litigation
UBM v GfK - instructed as second junior (led by David Railton QC and Marcus Smith) in relation to a multi-million pound claim concerning the proper construction of a share purchase agreement.
Ting v Akai Holdings – acted (with Craig Orr QC) in interlocutory proceedings in Bermuda arising out of the collapse of Akai, Hong Kong’s biggest corporate bankruptcy. The case raised issues of res judicata, abuse of process and contractual construction.
Insurance and reinsurance
American Reliable v Willis - Acting (with Bankim Thanki QC and Richard Coleman) for a broker in a claim brought by a reinsurer for losses in excess of $250m arising out of the PA LMX reinsurance market.
Professional negligence
Acted (with Craig Orr QC) for a private individual in bringing a claim in negligence against a well-known firm of tax advisors.
Employment
James has been regularly instructed by the Treasury Solicitor in respect of employment tribunal claims brought by existing and former employees of government departments. In particular, he has acted in a large TUPE dispute for the Ministry of Defence. James has also assisted in drafting responses to claims, settling witness statements and attending hearings in employment tribunals.
Advocacy
Various applications in the High Court (in front of both Masters and High Court judges).
Numerous appearances in the County Courts for both applications and trials, including instructions by airlines to defend claims under the Montreal Convention / Carriage by Air Act 1961; making applications brought by an investment company; and acting in a dispute between a purchaser and a vendor of a Porsche.
Other Experience
Secondment to Mayer Brown Rowe & Maw, October-December 2006
Interests
James is interested in sport, playing football regularly and cricket when he can. He is also keen on travel, literature and film.