James Goodwin

Insolvency

James has a wide insolvency practice and appears regularly before ICC Judges, with significant experience of unfair prejudice and winding up proceedings. James also has a particular interest in receivership applications, being a contributing author to Kerr & Hunter on Receivers and Administrators.

Recent cases include:

• Re Asia Renewable Energy (Cayman) Ltd (2024, Grand Court, Cayman). James acted (led by Thomas Lowe KC) for the petitioner in winding up proceedings in Cayman concerning companies operating in the offshore wind industry. Issues raised included Westbourne Galleries agreements and the position of members who are not parties to the relationship of trust and confidence. The matter settled on the first day of a 10-day trial.
• Acting (alongside Thomas Robinson) for the joint administrators of eight companies within the Carlauren Group of luxury hotels and care homes.
• Acting (unled) for the applicant in an application to (i) set aside the decisions of joint supervisors of an IVA to allow various creditors of disputed multimillion-pound debts to vote at a creditors meeting; and (ii) to revoke the approval of a proposed IVA.
• Acting, led by Marcia Shekerdemian KC, in an application to set aside an administration order on grounds of improper purpose and COMI: Thomas v Frogmore Real Estate Partners GP1 Ltd [2017] EWHC 25 (Ch).
• Acting (led by Lexa Hilliard KC) in a confidential application to restrain the presentation of a winding up petition in the context of a dispute between two high-profile companies.
• A (potentially) high-profile application for bankruptcy, in which James successfully applied on behalf of the respondent for the hearing to be heard in private and listed under anonymised names.

Download Insolvency CV

Professional liability

James is often instructed in relation to professional liability claims, especially where such claims interact with commercial chancery matters. Recent matters with which James has been involved include:

• Advising and acting (led by Mike Tennet KC) in a professional negligence claim against a firm of solicitors in respect of advice given to a trustee of a scheme in respect of pension benefits liable to statutory indexation.
• Bloxwich Pension Scheme. James was instructed alongside Jonathan Hilliard KC to act for the defendant law firm facing professional negligence claims in relation to an alleged failure to equalise scheme benefits.
• Acting (led by Martin Hutchings KC) for a defendant property developer in respect of a large dispute over architectural services.
• Acting in a successful claim against a negligent estate agent.
• Advising in relation to professional negligence claims brought against solicitors, IFAs, and investment managers.

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Trusts, probate and estates: contentious

James has a busy practice in trusts (both offshore and onshore) and traditional chancery. He is ranked in Chambers and Partners (Chancery: Traditional) and the Legal 500 (Private Client: Trusts and Probate).

Much of James’ trusts work is offshore and international in nature. His practice includes advising and acting for settlors, trustees, beneficiaries and protectors. In trusts proceedings James has appeared in courts at all levels up to and including the Privy Council.

In the early part of 2015, James spent time as an associate in the offices of Carey Olsen, a leading Channel Island firm, and acted in a number of proceedings, primarily concerning high-value trust litigation.

Recent cases include:

• Equity Trust v Halabi (Z Trust). James acted (led by Emma Jordan) for the former trustee of a Jersey trust in the Privy Council. The judgment of the Board (see [2022] UKPC 36) now provides the leading guidance on the nature and scope of the right of a trustee to recover from or be indemnified out of trust assets, in particular where the trust fund is ‘insolvent’. See link here.
• M Trusts (ongoing). James acts for the trustee of extremely high-value trusts administered in Guernsey in the context of removal proceedings and restructuring of the trusts.
• Confidential Arbitration (ongoing). James acts (led by John Martin KC) for the claimant beneficiary in a multibillion-dollar commercial trusts dispute, concerning a contested distribution of the entirety of the trust assets to the settlor-beneficiary. The first stage of the proceedings, in which James’ client was successful, raised issues of rectification, mistake, breach of trust, dishonest assistance and unconscionable receipt. The second stage of the proceedings (which is ongoing) concerns the valuation of companies in the oil and gas industry and remedies.
• Morina and others v Scherbakova and others. James (led by Giles Richardson) acted for the widow of a deceased Russian businessman in high-value international probate litigation and related proceedings concerning the ownership of shares in a BVI company.
• Acting as sole counsel for one of the professional trustees in the latest chapter of the Earl of Cardigan litigation.
• Assisting Robert Ham KC in Marley v Rawlings, the Supreme Court case about mirror wills, now the leading case on the validity, interpretation and rectification of wills.
• Patel v Patel (Royal Court, Guernsey): James acted for the defendant trustees in an application for information in the context of a worldwide dispute.
• Advising in the wide-ranging Guernsey proceedings concerning the Tchenguiz Discretionary Trust (Investec v Glenalla).
• Advising the trustees of the Church Property Trustees, statutory trustees of Christchurch Cathedral, New Zealand, as to the application of insurance proceeds received in relation to the contents of the Cathedral damaged in the Canterbury Earthquake Sequence of 2010-2011.
• Obtaining (alongside Thomas Seymour) a freezing injunction against personal representatives who had misappropriated assets.
• Working alongside Robert Ham KC and Andrew Mold KC in a case concerning the administration of a charitable trust administered in the Isle of Man, resulting in a leading judgment on when trust proceedings will be held in private.
• Advising in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975 and applications under the Variation of Trusts Act 1958.

Download Trusts, probate and estates: contentious CV

International arbitration

James has experience in arbitrations under LCIA and UNCITRAL Rules, acting both as sole counsel and as a junior as part of a larger team. James’ experience spans a number of industry sectors, including start-up companies, telecommunications, and oil and gas. Further, James has acted and advised in relation to the intersection between civil proceedings and arbitration, including parallel litigation, and interim relief in support of arbitral proceedings.

Recent instructions include:

• Acting (as sole counsel) for the Claimant in an LCIA arbitration concerning:
  • Specific performance of a contract for the grant of shares;
  • Allegations of breach of fiduciary duty; and
  • Valuation of the shares in private companies.
• Confidential Arbitration (ongoing). James acts (led by John Martin KC) for the claimant beneficiary in a multibillion-dollar commercial trusts dispute, concerning a contested distribution of the entirety of the trust assets to the settlor-beneficiary. The first stage of the proceedings, in which James’ client was successful, raised issues of rectification, mistake, breach of trust, dishonest assistance and unconscionable receipt. The second stage of the proceedings (which is ongoing) concerns the valuation of companies in the oil and gas industry and remedies.

Download International arbitration CV