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Jamie Holmes

Call: 2014   

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

Commercial

Jamie regularly acts as sole counsel and as a junior in commercial disputes, including civil fraud claims, in particular where these involve insolvency or trusts issues.

His more recent experience as sole counsel has predominantly involved acting and advising in insolvency applications and in contentious trusts and commercial trials.

His experience as a junior includes heavy commercial disputes on both claimant and defendant side in civil fraud proceedings and complex contractual disputes; with significant experience working day-to-day in teams based in multiple time zones around the world.

Jamie recently spent a month in late 2018 on secondment to Ogier’s offices in the Cayman Islands where he worked with Rachael Reynolds, who leads Ogier’s Global Dispute Resolution team, and her team. This included in particular in a matter on behalf of a Cayman trust that has been named as a defendant in civil fraud proceedings in the (English) Commercial Court, and which was seeking to resist jurisdiction and to set aside service out.

Notable recent work as sole counsel includes:

  • As sole counsel successfully resisting in part an interim injunction, and obtaining fortification of the usual cross-undertaking, sought against respondent defendants to a claim brought by their tenant of commercial premises including allegations of fraud and claims for damages and lost profits in excess of half a million pounds. Jamie continues to act in this on-going matter with Tiffany Scott QC.
  • Succeeding at trial before a Circuit Judge in January 2019 on behalf of a manufacturer of cold rolled steel in a battle of the forms case where the defendant relied on extensive witness evidence and the decision of the Court of Appeal in Tekdata v Amphenol (2010) (Hadley v Mezzanine).
  • Appearing as sole counsel in a CCMC for claimants seeking over £1m for breaches of fiduciary duty in a complex set of interrelated proceedings in the Business List (ChD) between the two shareholders of a number of companies.
  • Appearing on behalf of a claimant seeking to enforce a c. $40,000 debt in the terms of a Tomlin Order, which was successfully re-compromised at the hearing.
  • Recovering £24,000 including costs against parties alleging that they were not bound by a Part 36 offer, and then resisting appeal, on issues of apparent authority.
  • Acting for defendant seeking summary judgment on a claim for c. £22,000 by an investor in an offshore property development (settled shortly before hearing).
  • Setting aside default judgment for c. £17,000 concerning tenant deposits transferred pursuant to contracts of sale of a number of properties, which were protected and governed by the MyDeposits rules.
  • Successfully defending at trial a claim for breach of contract for c. £10,000 on the basis of promissory estoppel.
  • Pleading claims:
    • for breach of a share option agreement concerning shares in a Cayman company, seeking the issue of a portion of shares worth in excess of US$1m.
    • for breach of loan agreements, seeking over £500,000.
    • for breach of a compromise agreement concerning a UK casino, seeking £250,000.

Notable recent work as a junior includes:

  • Acting for defendants in on-going £60m civil fraud proceedings in the Commercial Court alleging liability under foreign law for preventing the enforcement of a US$200m NAI arbitration award (with Jonathan Crow QC, Elspeth Talbot Rice QC and Graeme Halkerston) listed for trial estimated to last 3 weeks in July 2020.
  • Acting for the claimant in on-going confidential LME arbitration proceedings seeking remedies including a multi-million pound award for breach of contractual delivery obligations (with Alan Gourgey QC and Bobby Friedman).
  • Acting for the defendant appellants in the recently reported decision of Devoy-Williams v Hugh Cartwright & Amin [2018] 5 Costs L.R. 1105 concerning the relationship between a part 36 offer accepted 11 days after the proceedings were struck out for non-compliance with an unless order in circumstances that were found to be dishonest, and where that finding was made following ad hoc live evidence at an interim hearing (with John Wardell QC).
  • Acting for claimants in an 8-day trial in March 2018 in confidential US$60m ICC arbitration proceedings in Singapore, as part of an international team based in both Asia and the United States, concerning claims for breach of contract in relation to a petrochemical plant (with Graeme Halkerston).
  • Acting for defendants to £13m civil fraud proceedings in the Companies Court arising out of an insolvency (with Marcia Shekerdermian QC).
  • Acting for defendants in banking proceedings in Leeds District Registry of the Chancery Division arising out a special administration pursuant to the Investment Bank Special Administration Regulations (with Nicholas Medcroft).
  • Acting for foreign government claimants in civil fraud asset recovery proceedings in the Commercial Court, including seeking orders for preservation of assets and evidence (with David Phillips QC and Nikki Singla QC).
  • Acting for defendants and drafting Requests for Information in proceedings in the Chancery Division for over £500,000 for breach of warranties in a share sale and purchase agreement (with Max Mallin QC).
  • Acting for defendants and conducting a substantial document review for privilege etc in civil fraud proceedings for over £12m in the Commercial Court (with Alan Gourgey QC).
  • Appearing as sole counsel for claimants in an unusual hearing to address some but not all defendants to civil fraud proceedings for over £1m in the Chancery Division having admitted the claim (with Fenner Moeran QC).