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Jamie Holmes

Call: 2014   

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

Practice Overview

Jamie has a busy commercial chancery practice focussed around corporate and personal insolvency, trusts and probate, civil fraud (with extensive experience of freezing injunctions and other forms of interim relief) and commercial work (including international and London-based arbitrations). He appears frequently as sole counsel and as a junior in both the High Court and County Court, and in arbitrations, for instructing solicitors based across the country and internationally.

Jamie is ranked in The Legal 500 2021 as a “Rising Star” separately for both commercial litigation and offshore work, in which he is described as “superb”, “very thorough”, “very commercial in dealing with clients” and as a practitioner who “extends his thinking to the next level” and fits into a team well”.

In late 2018 Jamie went on a secondment to Ogier’s offices in the Cayman Islands where he worked with Rachael Reynolds, Mark Kish and Ulrich Payne and their team on a number of international civil fraud, insolvency and contentious trusts matters.

Notable recent work includes:

  • Acting for the applicant/plaintiff in civil fraud proceedings in Raiffeisen v Scully Royalty in the Grand Court of the Cayman Islands, claiming over €40m under the Cayman Fraudulent Dispositions Law and in conspiracy (with Tim Penny QC). This has involved a number of interlocutory hearings including:
    • Successfully obtaining worldwide freezing orders and notification injunctions against respondents including the NYSE-listed Cayman parent entity of the MFC Group, and successfully resisting a jurisdiction challenge by another Canadian defendant, following a 3-day hearing in January 2020. For more details please see the summary here. A 2-day appeal to the Cayman Court of Appeal is listed for September 2021.
    • Successfully obtaining an anti-suit injunction against Scully Royalty for proceedings it has subsequently brought in Malta, at a hearing in September 2020.
    • A further 2-day jurisdiction challenge hearing and cross strike-out application in January 2021.
  • Acting as sole counsel for the successful claimant/applicant for a £2.5m freezing order against the former principal employee of a supplier company, alleging a procurement/invoicing fraud concerning over £13m of payments and breaches of fiduciary duty, conspiracy and dishonest assistance/knowing receipt.
  • Acting as sole counsel for one of the Respondents to a s341 and/or s423 claim brought by a trustee in bankruptcy alleging the bankrupt (a former Premier League footballer) perpetrated a £16m Ponzi scheme.  Presently stayed pending determination of a strike out application on the basis of the limitation and service of insolvency applications issues per the decision of the Court of Appeal in re Ide [2020] EWCA Civ 1469.
  • Acting for the claimants in conjoined proceedings concerning a probate claim and a claim as to the ownership of the shares in a BVI company in Morina & Ors v Scherbakova & Ors (with Elspeth Talbot Rice QC, Ben Faulkner and Sparsh Garg).
  • Advising on a potential double-derivate action concerning a potential £m’s fraud against a family business (with Clare Stanley QC).
  • Acting for claimant trustees in a professional negligence action against the solicitors who drafted the trust (with Clare Stanley QC).
  • Acting for the defendants in €65m civil fraud proceedings in KMG v Chen & CML in the Commercial Court alleging liability under foreign tort law concerning the enforcement of a US$200m NAI arbitration award, which settled ahead of a 3-week trial in July 2020 (with Jonathan Crow QC and Graeme Halkerston). This involved a number of heavily-contested interlocutory hearings including:
    • [2020] Bus. L.R. 133: a strike out application concerning the rule against reflective loss and the conflicts of laws under Rome II and at Common Law.
    • [2019] EWHC 3634 (Comm): waiver of privilege and whether foreign law advice had been deployed.
  • Advising on a potential restructuring pursuant to Part 26A of the 2006 Act as introduced by CIGA 2020 at a time when if it went ahead this would have been the first such application (with Lexa Hilliard QC).
  • Acting for the potential claimant in a potential breach of contract/negligence claim concerning an investment in a Cayman fund.
  • Acting for the successful claimants at trial in Summer 2019 in confidential multi-million-US$ LME arbitration proceedings in London, concerning the supply of copper concentrate in China and SOGA, s51 (with Alan Gourgey QC and Bobby Friedman).
  • Acting for the successful claimants in an 8-day trial in Spring 2018 in confidential ICC international arbitration proceedings in Singapore, concerning claims for breach of contract in relation to a petrochemical plant in Southeast Asia; with an award of over US$40m (with Graeme Halkerston).
  • Acting as sole counsel at short notice against a silk for one of the respondents and a third party to an application for freezing orders within bankruptcy proceedings, seeking an order as to the status of the third party’s accounts.
  • Acting as sole counsel in a jurisdiction challenge within VIAC proceedings claiming over half a million pounds for damages said to arise out of a contract to supply engines for specialist military equipment.
  • Acting as sole counsel on behalf of a creditor in bankruptcy proceedings and successfully obtaining a bankruptcy order on a petition debt of over £3.5m against an international businessman.
  • Acting as sole counsel in successfully resisting in part an interim injunction (and obtaining fortification) involving allegations of fraud and claims for damages and lost profits in excess of half a million pounds.
  • Acting for appellants to the Privy Council of a decision of the Court of Appeal of Trinidad & Tobago concerning title to land in Tobago and counter-allegations of fraud, which settled in 2019 (with Martin Hutchings QC).
  • Acting for the defendant to £13m civil fraud proceedings in the Companies Court involving allegations of misfeasance, fraudulent and wrongful trading, dishonest assistance, knowing receipt, unjust enrichment, unlawful preference payments and de facto/shadow directorship (with Marcia Shekerdermian QC).
  • Acting for the appellants in Devoy-Williams v Hugh Cartwright & Amin [2018] 5 Costs L.R. 1105, concerning the acceptance of a Part 36 offer following allegedly dishonest non-compliance with an unless order (with John Wardell QC).
  • Acting for the trustees in a pensions regulatory action, including the judicial review proceedings Grace Bay II Holdings Sarl v The Pensions Regulator [2017] Pens L.R. 7 (with Monica Carss-Frisk QC, Fraser Campbell and Jonathan Hilliard QC).