James Gale has an extensive commercial and public law practice in the UK and the Caribbean. He has been on his feet before courts such as the Privy Council, the Barbados Court of Appeal, the Supreme Court of Barbados, and the English High Court (including the Commercial Court).
James is ranked by the Legal 500 as a ‘Rising Star’ (Tier 1) for his offshore work and as ‘Leading Junior’ (Tier 1) in ‘crypto and blockchain assets’ matters. He is experienced in commercial litigation and arbitration, especially cases involving fraud, corporate governance, digital assets, artificial intelligence (AI), or cross-border issues.
James has been deeply engaged in the digital assets/blockchain space since 2017. He also contributed his expertise in digital assets as a legal consultant for the Bank of England where his work focused on central bank digital currencies.
Beyond his work at the English Bar, James maintains a busy practice as an attorney-at-law in the Caribbean. He has worked on disputes in Barbados, Trinidad and Tobago, Antigua, Grenada, St Kitts and Nevis, Bermuda, Bahamas, and more. As a Bajan citizen and holder of the Legal Education Certificate, James is one of a handful of English barristers who can appear before Caribbean courts without applying for temporary admission for each case.
Before joining the English Bar, James practised in Barbados (where he grew up) and trained in Trinidad and Tobago. He was also a judicial assistant to Lady Justice Asplin of the English Court of Appeal, where he worked on appeals in commercial chancery and public law disputes.
His recent and ongoing cases include:
- Appeared as advocate before the Judicial Committee of the Privy Council on behalf of a Caribbean businessman in a tax appeal focused on the income tax regime in Trinidad and Tobago.
- Acting in LCIA proceedings concerning a US$20 million claim in connection with an insurance policy (led by Richard Eschwege KC).
- Acting for a shipbuilding company in an ICC arbitration in Paris with £40m+ in dispute (leading Alexandra Sidossis and Anna Lancy).
- Acting for an international businessperson and his companies in a US$1.02 billion oppression/unfair prejudice action involving hotly disputed allegations of fraud.
- Representing a Barbadian public telecom company in a complex trial of a class/group action brought by 350+ shareholders that claims that the company’s privatisation was an unlawful takeover and oppressive. The trial commenced in March 2023 and is still running as of April 2024.
- Leading a multidisciplinary team (alongside Jeffrey Golden KC (Hon)) on drafting an industry-first multilateral contract for a popular blockchain protocol (by market cap). This work involves advising on novel issues relating to the enforceability of smart contracts, including formation, applicable law, and jurisdiction (led by Jeffrey Golden KC (Hon)). This work has attracted significant press coverage, such as that seen here.
- Representing a public authority in a case concerning alleged civil fraud in another Caribbean country, involving several hundred million dollars.
- Acted for a property developer in an appeal before the Privy Council, arising from a contractual and fraud dispute in Antigua.
- Advised on a prospective international commercial arbitration involving several billion pounds in dispute (led by Simon Davenport KC).
- Represented an investment brokerage firm in a Bermudan claim, alleging the wrongful sale of US$100 million of bonds (led by Simon Davenport KC).
- Advised a non-designated Swiss part on a prospective ICC arbitration relating to a contract affected by the EU and UK sanctions imposed on Russia (led by Richard Samuel).
