James has been in practice at Enterprise Chambers since 1987. He specialises in the areas of insolvency, company, partnership, commercial, banking and property.
Enterprise Chambers Invites Applications For Tenancy In All Locations
Home › Our People › James Barker
James has been in practice at Enterprise Chambers since 1987. He specialises in the areas of insolvency, company, partnership, commercial, banking and property.
A recommended name at the property Bar.
A tenacious, diligent, excellent advocate, with an excellent eye for detail
Tenacious, an excellent advocate and very diligent.
James is an absolutely excellent trial lawyer; he has a strong grasp of the details and is very charming and down to earth in his delivery.
He's a great tactician who gives excellent and timely service, and is an incredibly convincing and formidable advocate who is always very well prepared.
Very user-friendly, incredibly bright and very efficient
Has a forensic intelligence that cuts straight to the heart of the dispute
His cross-examination skills are absolutely fantastic, and he is equally as good on paper as he is on his feet
He is exceptional and his practical analytical approach makes the complicated simple
Great all round – an excellent advocate, always thorough but also approachable.
Technically excellent and maintains commercial awareness.
He's got one of the best minds for knotty legal problems - he just untangles difficult law and difficult facts.
Clients like him as he's straight talking and really easy to get on with. You feel really secure when he's on your team.
He has authority, provides really clear advice and is good with clients.
An excellent, well-rounded barrister, who always provides brilliant technical and commercial advice. A pleasure to work with.
Insolvency & Restructuring
All aspects of corporate insolvency including directors’ misfeasance; fraudulent and wrongful trading; preferences and transactions at an undervalue; the payment of unlawful dividends; and the rights and duties of liquidators, administrators, and supervisors of CVAs. Personal insolvency, including clawback claims and the rights and duties of trustees in bankruptcy and supervisors of IVAs.
Company
Corporate governance issues including the calling and conduct of meetings, and directors’ duties. Share sales and financial assistance. Issues arising out of the grant of security by companies.
Commercial
Representing corporate and individual clients in all manner of commercial disputes including, in particular, claims arising out of share and asset sale agreements.
Banking and Finance
Acting for, and against, banks in claims concerning mortgages and guarantees, and more general disputes relating to commercial lending and associated negligence claims.
Hellard v Macetone [2018]
11 WLUK 608
Claims by liquidator to recover funds taken from the company by a misfeasant director and to protect the company’s beneficial interest in a property acquired with such funds.
Barrett v Barrett [2018]
10 WLUK 295
Derivative claim brought pursuant to section of the Companies Act 2006 against a director for breaches of fiduciary duty in misappropriating company funds.
Dickinson v NAL Realisations (Staffordshire) Ltd [2018]
B.C.C. 506
Claims by liquidator for the recovery of money and assets received by a director / shareholder from the company. Issues as to (i) the operation of the Re Duomatic principle; (ii) whether a share buy-back arrangement infringed section 691 of the Companies Act 2006, and was therefore void, on the ground that the shares were not paid for by the company on purchase; and (iii) whether a share buy-back constitutes a transaction at an undervalue for the purposes of section 423 of the Insolvency Act 1986.
Re DPA Holding SA [2017]
BPIR 687
Application to set aside orders for examination of individuals made under section 426 of the Insolvency Act 1986 in aid of insolvency proceedings taking place in the British Virgin Islands. Issues as to duty of disclosure on without notice applications, and conflict of interest.
Ahmad v Bank of Scotland [2016]
6 WLUK 597
Appeal to Court of Appeal from order striking out claims against a bank for breach of contract and other alleged improper conduct. Issues as to contractual interpretation and the scope of cause of action estoppel and res judicata.
Mawer v Bland [2015]
BPIR 66
Appeal from order continuing a suspension of discharge from bankruptcy pursuant to the provisions of section 279(3) of the Insolvency Act 1986.
Re TST Group Ltd [2012]
EWHC 4059 (Ch)
Contested winding-up petition. Issue as to the construction of a loan agreement, and as to the point at which a company becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986. Consideration of the Court of Appeal decision in BNY Corporate Trustee Services v Eurosail UK.
Re Bickland Ltd [2012]
BCC 884
Application for costs of an administration application to the court in circumstances where no administration order was made because administrators were appointed by a floating chargeholder pursuant to paragraph 14 of Schedule B1 to the Insolvency Act 1986. Consideration as to the order of priorities of expenses in an administration.
Sahota v RR Leisureways (UK) Ltd [2010]
EWHC 3114 (Ch)
Interpretation and effect of rent review provisions in commercial lease. Consideration of principles governing rectification of contract terms and the enforceability of the right to rectify against an assignee.
Bank of Scotland Plc v Makris [2009]
5 WLUK 364
Claim under personal guarantee of company debt due to the bank. Consideration of defences based on material variation of the surety contract, and undue influence.
Close Invoice Finance Ltd v Korpal [2009]
9 WLUK 343
Contractual interpretation. Ambiguities and inconsistencies in provisions of debt factoring agreement.
Corporate Development Partners LLC v E-Relationship Marketing Ltd [2009]
BCC 295
Issue as to whether an agreement entitling the claimant to fees for facilitating the acquisition of shares in a company was unenforceable on the ground that it constituted financial assistance for the acquisition of the company’s own shares and therefore infringed section 151 of the Companies Act 1985.
Daleri Ltd v Woolworths Plc [2008]
5 WLUK 224
Issue as to whether the Defendant had taken a valid assignment of the right to be paid a debt due from the Claimant which was now in liquidation, such that the Defendant could set-off the debt against its own indebtedness to the Claimant pursuant to rule 4.90 of the Insolvency Rules 1986.
Phillips v Symes [2008]
BPIR 212
Dispute as to whether assets were owned by a partnership or a company in liquidation. Exercise of court’s management powers to stay proceedings
CBR (Wakefield) Ltd v Puccino's Ltd [2006]
EWHC 2993
Application to set aside order striking out claims for failure to company with court orders. Consideration of principles governing relief from sanction.
Belfield Furnishings Ltd v Isaacs & Harrison [2006]
2 BCLC 705
Shareholder dispute. Application to strike out unfair prejudice petition as an abuse of process in the face of an offer to purchase petitioner’s shares made pursuant to provisions in the company’s articles of association.
Re Chicago Holdings Ltd [2005]
12 WLUK 127
Application for specific disclosure of documents claimed to be privileged. Consideration of the iniquity / fraud exception to privilege.
Fliptex Ltd v Hogg [2004]
BCC 870
Challenge to the validity of appointment of administrators of a company pursuant to paragraph 14 of Schedule B1 to the Insolvency Act 1986
Marchday Group Plc v British Telecommunications Plc [2003]
11 WLUK 252
Breach of repairing covenants in commercial lease. Damages claim for loss of rent. Consideration of the appropriate measure of damages.
UCB Corporate Services Ltd v Williams [2003]
1 P&CR 12
Acted for the Respondent in the Court of Appeal. Fraudulent misrepresentation and undue influence in relation to the grant of a mortgage. The relevance of causation in a case concerning equitable fraud.
Re DWS [2001]
Ch 568
Administration of estates. Son murdered his parents and was accordingly disqualified from benefiting on their intestacy. Dispute between the son’s issue and the murdered parents’ siblings as to who should take.
Locabail (UK) Ltd v Bayfield Properties Ltd [2000]
QB 451
A leading authority on the issue of apparent bias Allegations that the trial judge was biased and had a conflict of interest.
LLB, University of Birmingham
Called to the Bar in 1984
Member of the Chancery Bar Association
Member of the Property Bar Association
Barristers regulated by the Bar Standards Board.
© Copyright 2024
Delivered with Cargo Creative