James Potts KC > Erskine Chambers > London, England > Barrister Profile
Erskine Chambers Offices
1, Paper Buildings
London
EC4Y 7EP
England
- Set Profile
- Go to...
James Potts KC
Position
Company law, corporate insolvency (cross border and domestic), financial services, LLP, partnership and related commercial litigation. Currently, about 75% of cases are contentious matters, with the remainder being non-contentious advisory work. Notable recent cases include: Burnden Holdings (UK) Ltd v Fielding [2019] (acting for successful Defendants resisting fraud claims by liquidator relating to distribution); Cool Seas (Seafoods) Ltd v Interfish Ltd [2018] (acting for successful Respondent in obtaining “sell out” order and substantial compensation for fraudulent breaches of duty in shareholder dispute); Re Dee Valley Group Plc [2017] (acting for members objecting to a takeover by scheme of arrangement); Brightside Group Ltd v RSM UK Audit LLP [2017](acting for claimants in auditor’s professional negligence claim – objection to service dismissed); PJSC Commercial Bank Privatbank v Kolomoisky (acted for Bank successfully resisting attempts to exclude disclosure obligations on WFO); JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev (successfully resisted application by trustees to discharge WFO); Autonomy Corporation Ltd v Lynch and Hussain (acting for HP entities in breach of fiduciary duty and deceit claim); Re Charterhouse Capital Ltd [2015] (private equity firm shareholder disputes); various large commercial arbitrations. Company advisory work includes many reductions of capital and members’ schemes of arrangement.
Career
Called 1994; Gray’s Inn; Silk 2013
Publications:
‘Practice & Procedure of the Companies Court’ (1997); ‘Company Directors: Law and Liability’ (1997).
Languages
Fluent Spanish.
Memberships
COMBAR; Chancery Bar Association.
Lawyer Rankings
London Bar > Company
(Leading Silks)Ranked: Tier 2James Potts KC – Erskine Chambers ‘James is extremely personable and there is almost nobody in the market with more knowledge of shareholder disputes than he has.’
Erskine Chambers is ‘renowned, deservedly, as the go-to set for complicated corporate law questions’ and ‘a top set for company law disputes with a good selection of barristers at various levels’. Among the set’s many prominent silks is David Chivers KC, who recently handled an appeal to the Privy Council from Antigua to consider the power of directors to enter into poison pill arrangements at common law in IGlobe v Sinovac. Opposing counsel in that case were the set’s own James Potts KC and Andrew Blake. Martin Moore KC, who is widely recognised as a leading voice on transactional matters, advised GSK on contentious issues arising from the demerger of its consumer healthcare division to Haleon plc, and handled a high-value appraisal action in Bermuda on behalf of Jardine Matheson Group. Turning to the set’s juniors, Nigel Dougherty recently acted for directors of the owner of London’s Wolseley restaurant in successfully resisting an injunction sought by MI Squared that would have prevented a proposed £38m rescue package. Mary Stokes has retired from practice.
London Bar > Commercial litigation
(Leading Silks)Ranked: Tier 4James Potts KC –Erskine Chambers ‘James has an excellent written style and an extremely thorough approach to analysing cases.‘
‘Unrivalled for technical ability‘, Erskine Chambers is ‘a go-to chambers for corporate matters‘. In a landmark Supreme Court ruling on directors’ duties to act in creditors’ interests, Andrew Thompson KC appeared for the appellant in BTI Industries v Sequana, a $80m claim regarding dividends that were allegedly paid in breach of fiduciary duty. Several members of the set are involved in the multi-faceted litigation surrounding the collapse of Carillion – James Potts KC is leading Andrew Blake in the representation of the company’s former finance director in ongoing directors’ disqualification proceedings.