James Freeman

James deals with all aspects of corporate and personal insolvency. He is regularly instructed in insolvency proceedings by both officeholders and private individuals. James’ hearings typically concern: disputed winding up and bankruptcy petitions, applications to annul bankruptcies or rescind winding up orders, applications for insolvent administration orders, applications to set aside statutory demands, validation order applications, applications for the extension of administrations, and applications concerning director’s misfeasance, preferences and transactions at an undervalue.

Recent cases include:

• Successfully resisting the defence of proprietary estoppel brought by the former Islamic wife of a bankrupt: Nilsson v Iqbal [2024] EWHC 49 (Ch)
• Representing the former wife of a bankrupt in a six-day trial of the beneficial ownership of a number of the bankrupt’s properties. James’ client was successful in showing that legal charges over her property had been forged.
• Representing a former director in a three-day trial involving applications under section 239 of the Insolvency Act 1986
• Successfully annulling the bankruptcy of a Premier League footballer
• Applying to vary a default judgment in a director’s misfeasance claim. James was successful in arguing that a liquidator’s claims for repayment of a director’s loan account were specified sums for the purposes of CPR 12.4
• Acting in a multi-billion-dollar corporate insolvency application involving cross-border elements following the company entering Chapter 11 Bankruptcy in the United States

James is routinely instructed in cases concerning real property and disputes arising out of the landlord and tenant relationship. He appears on matters including: residential and commercial possession proceedings, relief from forfeiture applications, charging order applications, mortgage assignment disputes, housing disrepair claims, boundary disputes, possession and sale applications, and applications concerning the beneficial ownership of property.

Recent cases include:

• Successfully resisting the defence of proprietary estoppel brought by the former Islamic wife of a bankrupt: Nilsson v Iqbal [2024] EWHC 49 (Ch)
• Representing the former wife of a bankrupt in a six-day trial of the beneficial ownership of a number of the bankrupt’s properties. James’ client was successful in showing that legal charges over her property had been forged.

• An application under s.39(1) of the Senior Courts Act 1981 for the court to execute the transfer of a lease on behalf of a defaulting party
• An application to suspend enforcement of a warrant of possession on medical grounds
• An application to vary a possession and sale order to specify the beneficial interests of co-owners.

James frequently takes instructions on cases involving commercial disputes, including: claims for commission payments, claims under the Consumer Credit Act 1974, mortgage repossessions, and bailment disputes.

Recent cases include:

• Appearing as sole counsel against leading counsel in an application to discontinue a claim for breach of a personal guarantee
• Advising an advertiser in its dispute against a Premier League football club concerning whether the termination of its contract was valid
• Drafting proceedings in a claim for unpaid commission payments arising out of introductory services in the telecommunications sector
• Appearing as sole counsel in a one-day trial concerning the interpretation of repayment provisions in an employment contract

James acts on a broad range of matters involving areas of probate and trusts law. His experience in this area includes: contentious will interpretation on behalf of executors and beneficiaries, advising executors and trustees on their duties under complex trust arrangements, and claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Recent cases include:

• Advising a trustee on whether they had breached the rule against self-dealing by purchasing property from the trust with the consent of the parent of a minor beneficiary
• Drafting a defence and counterclaim concerning whether a beneficiary under a will had wrongfully taken money from his mother’s bank accounts prior to her death
• Advising a beneficiary whether he can enforce an oral agreement made with a co-beneficiary concerning each other’s entitlements to the proceeds of their mother’s estate

James’ cases often raise issues of company or partnership law, including: applications to register charges out of time with Companies House, claims for breaches of duty against current and former directors, and disputes arising out of implied terms within partnership agreements.

Recent cases include:

• Representing a former director in a three-day trial involving a misfeasance application brought by the company’s liquidators

• Reviewing disclosure in a £100m+ claim brought by a technology company against its former directors. The company alleges that the directors acted in breach of their duties under the Companies Act 2006 in causing the company to enter into contracts in a new area of technology
• Advising a security company on a claim against a former director who founded a rival company with the benefit of insider information
• Representing the claimant in partnership proceedings seeking to recover unpaid intra-partnership consulting fees

James is able to advise on disputes concerning allegations of fraud, including Norwich Pharmacal orders and claims involving fraudulent misrepresentation.

Recent cases include:

• Representing the former wife of a bankrupt in a six-day trial of the beneficial ownership of a number of the bankrupt’s properties. James’ client was successful in showing that legal charges over her property had been forged.

• An application brought against a franchisor following fraudulent misrepresentations made to the franchisee about the level of profits expected within the franchise
• Appearing for a major bank to defend a Norwich Pharmacal application
• An application to set aside an investment contract for fraudulent misrepresentation