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James Walmsley

Call: 2007   

+44 (0)20 7306 0102jwalmsley@wilberforce.co.uk

Commercial

Much of James’ work is of a “general commercial” kind. Much of his work in this area also has an intellectual property aspect to it. His experience covers the Commercial Court, Chancery Division and arbitration, and includes:

  • Acting in an expedited commercial arbitration concerning the interpretation of a payment clause.
  • Acting for the Defendants in the case of Khouj v ACP & Anor [2016] EWHC 2120 (Comm), concerned with circumstances in which a person will be treated as an agent of another so as to give rise to duties of accounting/disclosure.
  • Acting for Samsung in the Ericsson/ Unwired Planet/ Samsung/ Huawei FRAND litigation, including in relation to passthrough licences, the proper interpretation of the scope of certain cross-licences, and related analyses in equity.
  • Acting for the Claimant entity in an Isle of Man fraud claim arising out of property related investments made by an AIM listed entity in the Baltic States.
  • Acting for the Defendant Nokia in a £100m Commercial Court claim founded on an alleged breach of warranty in connection with the sale of a technology business, and in Nokia’s counterclaim that the private equity purchaser had rigged the tendering process through which it purchased the business in the first place.
  • A £200m international arbitration concerning the failed purchase of a large stake in an Indonesian power station, which included issues as to the proper interpretation of project finance security documentation.
  • A BVI shareholder dispute connected to a Russian agricultural machinery business. (Successful at first instance in the Eastern Caribbean Court of Appeal.)
  • The Coward/Ambrosiadou litigation which included a three-week Chancery Division trial giving rise to amongst other things copyright issues, directors duties issues, partnership issues and the ownership of intellectual property used by a business. A decision of the Court of Appeal on an appeal on costs in one of the leading authorities on Calderbank discretion.  The litigation also involved proceedings in Cyprus, Monaco and the BVI.
  • BC Capital v Societe Generale & Ors. Large scale Commercial Court litigation relating to the interpretation of and market practice in relation to structured hedge fund products and, amongst other things, termination and redemption rights thereunder. This case was listed in The Lawyer as one of the top cases of 2011 but settled pre-trial.
  • Assisting in the Renova v Gilbertson Faberge Cayman proceedings.
  • Yukos/Rosneft. An application to discharge a Chabra-type freezing order in the Commercial Court. A leading authority on the Chabra-jurisdiction.
  • The Odnoklassniki case. High Court Chancery Division litigation surrounding the then leading Russian social networking website, raising issues of copyright, database right, confidential information, breach of fiduciary duty and breach of employment contract, constructive trusts, tracing, knowing receipt and the proper scope of 1978 Act contribution claims. Settled after start of trial.
  • The easyJet brand licence case. High profile High Court Chancery Division litigation connected to easyJet’s brand licence. Settled after a two-week trial.
  • GSK/Abbott. Blockbuster drug Chancery Division litigation concerned with the proper interpretation of a royalty clause. Settled after three week trial.
  • Proposed arbitration proceedings in respect of an option to licence agreement relating to pharmaceutical patents. Case settled prior to arbitration.
  • Large-scale sale of goods disputes in the Commercial Court.