Fountain Court Chambers

London & Singapore

James HartCall Date: 2012

James is currently instructed in a wide range of matters across the different areas of Chambers’ practice. He has experience of appearing before the County Court and the High Court (both as sole advocate and junior counsel) and Court of Appeal (as junior counsel).

He has been recently instructed on a number of high profile cases, including acting for the defendant in Ahmad Algosaibi and Brothers v Saad Investments in the Grand Court of the Cayman Islands and for the defendant partner in Djibouti v Boreh both in the Commercial Court and Court of Appeal.

Areas of Expertise

  • Banking & finance
  • Commercial dispute resolution
  • Financial services
  • Fraud: civil
  • International arbitration
  • Professional discipline
  • Aviation

Recent practice

Aviation

James is regularly instructed to act for airlines in defending claims brought by passengers and other customers:

  • James has particular experience of acting in matters concerning delayed and cancelled flights (under the Montreal Convention and EC Regulation 261/2004) as well as contractual disputes arising out of airlines’ terms and conditions.
  • Instructed by an international airline in relation to a claim regarding a ‘fill or pay’ air cargo services contract.

Professional regulation/negligence

James has a strong practice in professional regulation and negligence matters and has been involved in various matters including before the Takeover Panel, High Court and Court of Appeal:

  • Instructed (with Mark Simpson QC and Nico Leslie) in Djibouti v Boreh [2015] EWHC 769 (Comm) before the Commercial Court for a partner at Gibson Dunn & Crutcher accused of deliberately misleading the Court in obtaining a freezing injunction and before the Court of Appeal (with Mark Simpson QC) on the issue of whether a solicitor has a right of appeal against a finding of dishonesty contained in the judgment.
  • Instructed before the Admin Court for the Solicitors Regulation Authority on an appeal from the Solicitors Disciplinary Tribunal;
  • Assisted (as a pupil) Chloe Carpenter with advice to the SRA in connection with disciplinary proceedings against solicitors and proceedings before the SDT, High Court and Court of Appeal
  • Assisted Tim Dutton QC on a matter regarding the Solicitors (NI) Order 1976 in the High Court in Northern Ireland.

Banking and Finance

James regularly acts on behalf of major banks in both the County Courts and High Court (both as sole advocate and junior counsel). Recent examples of his experience in this area include: possession claims; actions on guarantees; allegations of breach of mandate; and mis-selling allegations.

  • Ahmad Algosaibi and Brothers v Saad Investments: instructed (with Marcus Smith QC and Bridget Lucas) by companies in liquidation in relation to a multibillion dollar claim brought before the Grand Court of the Cayman Islands arising out of fraud allegedly perpetrated by a prominent Saudi national.
  • Instructed (with Nik Yeo) on claims arising out of the alleged misapplication of the early termination provisions in standard form ISDA Master Agreements.
  • In January 2015 James completed a secondment to Barclays’ Retail and Business Banking team where he advised on a wide range of matters, including claims under the Consumer Credit Act 1974 and the receipt of mistaken payments.
  • Assisted members of Chambers during pupillage in bringing and defending a number of claims related to the alleged mis-selling of interest rate swap products and claims arising out of the FCA’s Conduct of Business and other Rules and s138D Financial Services and Markets Act 2000 and Consumer Credit Act 1974;
  • Assisted (as a pupil) Chloe Carpenter and Raymond Cox QC in advising a UK building society on challenges to the validity of certain of its standard mortgage terms under the Consumer Credit Act 1974.

Commercial dispute resolution

  • James is regularly instructed to act as sole counsel in a variety of commercial disputes in both the High Court and the County Court.
  • Assisted (as a pupil) Henry King in a dispute regarding indemnities provided on the sale of an Algerian desalination plant (GS Corporation & another v OHL)
  • Assisted (as a pupil) Henry King in litigation in the Commercial Court involving allegations of breach of contract and negligence in relation to a dispute as to the proper disposal of confidential documents (Secretary of State for Transport v Paragon v PHS).

Other experience

Before commencing pupillage at Fountain Court in 2013, James worked for 15 years in the financial services industry in the UK and Ireland, where he structured, managed, and restructured a wide range of structured finance products, including Collateralised Debt Obligations, Mortgage Backed Securities, and Whole Business Securitisation.

Appointments, memberships, prizes

  • Called to the Bar of Ireland
  • Called to the Cayman Bar (Limited Admission)
  • Sunley Pupillage Scholarship (Lincoln’s Inn)

Education

  •  BA (English) 1st Class, Trinity College, University of Dublin
  • GDL (Distinction), BPP School of Law
  • BPTC (Very Competent), BPP School of Law
  • BL, Honourable Society of Kings Inns

Languages

French (Working Knowledge)


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