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Exchange Chambers

Chambers of Bill Braithwaite QC

201 DEANSGATE, MANCHESTER, M3 3NW, ENGLAND
Tel:
Work 0845 300 7747
Fax:
Fax 0161 833 2789
DX:
14207 LIVERPOOL
Email:
Web:
www.exchangechambers.co.uk
Leeds, Liverpool, Manchester

James Malam

Tel:
Work 0161 833 2722
Email:
Web:
www.exchangechambers.co.uk/
Exchange Chambers (Chambers of Bill Braithwaite QC)

Work Department

Commercial; Professional Negligence; Construction; Insurance

Position

James was called to the Bar by Gray’s Inn in 2002, having been granted its Lord Justice Holker Award, and completed a Chancery and Commercial pupillage at the Chambers of Geoffrey Vos QC, 3 Stone Buildings, Lincoln’s Inn. On completing his pupillage James joined Fishburns Solicitors, where he specialised in insurance and professional negligence work. During 2007, James spent six months working as a Judicial Assistant to the Court of Appeal, where he was assistant to Lord Justice Carnwath.

James practices in most areas of commercial and commercial chancery law, with a particular emphasis on professional negligence, construction and insurance matters

Professional Negligence

James has extensive experience acting both on behalf of claimants and defendants in disputes involving professionals such as architects, civil and structural engineers, insurance brokers, surveyors, estate agents, solicitors, accountants and tax advisors. He has also worked with those of a more niche profession, such as agronomists. 

Construction

James advises and represents professionals and clients in a range of matters within the technology and construction fields. His practice encompasses construction disputes under the main forms of contract (including JCT, FIDIC and the RIBA standard terms) and technology disputes dealing with matters ranging diversely from diving bells and underperforming wind turbines, to website design and search engine optimisation.

James' experience encompasses frequent appearances in the Technology and Construction Courts, and acting in arbitrations (including internationally) and in adjudications and enforcement of adjudication awards.

Insurance

James has substantial experience of advising and representing insurers, insureds and insurance brokers in all manner of disputes arising from insurance policies, including policy avoidance (whether for misrepresentation or breach of the duty of good faith), declinature of claims and the construction of the parties’ rights more generally.

Example Cases

Peaktone Ltd v. Jodrell [2013] 1 WLR 784, [2013] 1 All ER 13. Successfully represented the Respondent in first Court of Appeal case on interpretation of s.1032 Companies Act 2006: whether restoration of a company to the Register was retroactive so as to validate proceedings issued against it while struck off.

Representing a bankrupt at first instance and on appeal in resisting the Trustee’s claim to after acquired property which the bankrupt alleged was subject to a Quistclose purpose trust. Successfully sought permission for a second appeal to the Court of Appeal, after which the matter settled

Claim for £340,000 due under a contract for the manufacture of diving bell for the Spanish coastguard. Raised issues of incorporation of standard form contract terms and the extent to which it was acceptable to rectify defects during commissioning.

Acting for the former supervisor of an IVA successfully resisting an appeal and an application to the Court of Appeal for a second appeal in an application to annul a bankruptcy arising from the IVA.

Career

Called 2002.

Member

  • Professional Negligence Bar Association
  • TECBAR
  • Chancery Bar Association
  • Northern Circuit Commercial Bar Association
  • Court of Protection Practitioners Association

Education

  • Bar Vocational Course, Nottingham Law School, Very Competent, 2002
  • Lord Justice Holker Award, Gray’s Inn, 2001
  • LLB (Hons) Law, University of Sheffield, 2001
  • Plessington High School, Wirral, 1991-1998


Regional Bar : Northern Circuit

Commercial, banking, insolvency and Chancery law

Within: Commercial, banking, insolvency and Chancery law – Leading juniors

James Malam - Exchange ChambersSupportive and thorough.

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Construction, planning and environment

Within: Construction, planning and environment – Leading juniors

James Malam - Exchange ChambersHe has a keen eye for the key issues of a case.

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