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James Goodwin

Call: 2013   

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

Practice Overview

James is a commercial and chancery specialist. His principal practice areas are:

  • Commercial litigation (in particular civil fraud)
  • Trusts (offshore and onshore)
  • Property
  • Insolvency
  • Pensions
  • Professional negligence

In the UK, James regularly appears in the High Court, the County Court and before arbitral tribunals, both as sole counsel and as part of a larger team. Much of James’ work has an international element. In recent years, James’ instructions have involved cases in Cayman, The Bahamas, BVI, Nevis, TCI, Guernsey, Liechtenstein, and Malta.

Recent notable instructions include:

  • Ad Hoc Arbitration. James acts (led by John Martin QC and Fenner Moeran QC) for the claimant beneficiary in a multi-billion dollar trusts dispute, concerning a contested distribution of the entirety of the trust assets to the settlor-beneficiary. The proceedings raise issues of rectification, mistake, breach of trust, dishonest assistance and unconscionable receipt.
  • Al-Dowaisan v Al-Salam. James (led by Nikki Singla QC) acted for the Claimants in a wide-ranging commercial dispute. The judgment contains important guidance on fiduciary duties, the duty to account, and the defence of illegality in the context of tax evasion. See [2019] EWHC 301 (Ch).
  • Meridian v Batista: James acts (led by Graeme Halkerston) for the successful applicant in the Cayman Islands, obtaining a Worldwide Freezing Order against the Brazilian oil magnate and sometime 7th richest man in the world, Eike Batista. The case makes new law in respect of the circumstances in which a court will grant WFOs against non-residents and in support of ‘treble damages’ claims.
  • Deutsche Bank v SHI and Vik; SHI v Sarek et al: James acts (led by Tim Penny QC) for Receivers appointed over assets of a Turks and Caicos Islands company previously controlled by Alexander Vik. James has appeared as sole counsel in the English High Court and has acted in litigation in England, Guernsey, and the TCI. See e.g. [2017] EWHC 3265 (Comm).
  • The Pensions Regulator: James regularly acts both for TPR and for Targets in respect of regulatory action brought by the Regulator. The nature of such projects is often confidential, but James has significant experience of the Regulator’s powers to impose Financial Support Directions and under s. 231 of the Pensions Act 2004.