James Knott

Areas of Practice

Litigation and advice in the fields of insolvency litigation, commercial litigation, company law, corporate fraud, asset recovery and public law.

Recent cases of interest

• Butler-Creagh v. Hersham [2011] EWHC 2525 (QB); Contracts; fraudulent misrepresentation; real property
• Re Abbington Hotel Ltd [2011] EWHC 635 (Ch); Shareholders' agreements; Share valuation; Unfairly prejudicial conduct
• GMAC Commercial Finance Ltd v. Mint Apparel Ltd [2010] EWHC 2452 (Comm); Bills of exchange; Trade and export finance; constructive trusts

 Company Law and Shareholder Disputes

Since joining chambers James has gained experience of a wide range of company litigation and advisory work, including advising and acting on unfair prejudice petitions under s.994 CA 2006 and derivative claims under the new statutory procedure. His practice also includes advising and appearing on a wide range of applications in the Companies Court, such as applications to rectify the charges register and applications to restore companies to the companies register. His recent work has included:

• Acting (with Peter Griffiths) for the Respondent and successful Cross-Petitioner in proceedings under s.994 CA 2006 (Re Abbington Hotel Ltd [2011] EWHC 635 (Ch))
• Advising and acting (with John Brisby QC) in relation to derivative proceedings brought by a healthcare software developer, including obtaining ex parte injunctions to prevent continued interference with the company's business.
• Advising and acting (with Peter Griffiths) for the claimant and cross-respondent in proceedings in the Technology and Construction Court involving disputes in relation to a number of construction joint ventures and a derivative claim.
• Advising and acting on applications in relation to rectification of the companies register and the charges register (including advice as to the validity of company charges).

Insolvency

James regularly appears the High Court and the County Courts in relation to both corporate insolvency and bankruptcy, advising and acting for both petitioners and debtors in winding up and bankruptcy proceedings (including applications to set aside statutory demands) and advising trustees in bankruptcy and liquidators/administrators in relation to estate protection and antecedent transactions. James also has experience of advising in the context of insolvencies with an international/cross-border element.

His recent work in this field has included:

• Acting for a creditor in a two-day witness action in the High Court in respect of a COMI challenge on a debtor's bankruptcy petition.
• Advising (with Richard Hill) an off-shore fund on various provisions of the Insolvent Partnerships Order 1994.
• Advising (with Robert Miles QC) on the scope of an off-shore liquidator's information gathering powers.
• Advising and acting for petitioners and companies in relation to all stages of the winding up process.
• Advising and acting for petitioners and debtors in relation to bankruptcy proceedings, including applications to set aside statutory demands.
• Advising and acting for both petitioners and trustees in bankruptcy on annulment applications under s.282 IA 1986, including recently acting for a petitioner in successfully defending an annulment application in the Central London County Court involving live evidence and cross-examination.
• Advising the liquidators of a manufacturing company on potential claims against former directors under IA 1986.
• Advising the liquidators of a printing company on the lawfulness of dividends paid to former directors under CA 2006.
• Acting for the administrators of a group of care home companies on an application for the extension of the administrations.

 General Civil and Commercial Litigation

James' practice to date has included a wide range of litigation and advisory work in the field of commercial litigation and contractual disputes, appearing in both the Commercial Court and the Chancery Division as well as the County Courts. Since joining chambers he has gained particular experience acting as a junior in the field of injunctive relief in the commercial context. James' recent work in this area includes:

• Acting (with Richard Hill) for the claimant in a claim against a number of major manufacturers in relation to payments due under a consultancy agreement entered in connection with a multi-billion dollar construction project in the Middle East.
• Acting (with Tom Gentleman and John Brisby QC) for the successful Defendant in a three week trial in the Queen's Bench Division involving a multi-million pound contract dispute and findings of fraud against the Claimant (Butler-Creagh v. Hersham [2011] EWHC 2525 (QB)), including successfully obtaining ex parte injunctive relief in respect of a prospective costs liability.
• Advising and acting (with Christopher Harrison) for a clothing importer in relation to unpaid bills of exchange (GMAC Commercial Finance Ltd v. Mint Apparel Ltd [2010] EWHC 2452 (Comm))
• Advising on a merchant's liability to a merchant acquiring bank in respect of a third party debit card fraud.
• Advising (with Christopher Harrison) a company in the communications sector on potential interim relief and claims for damages and delivery up of goods in relation to breaches of a consultancy agreement.
• Advising a large on-line supplier in relation to the terms of a number of software licence agreements.

 Non-contentious and advisory work

James also advises on non-contentious aspects of company law and general commercial law. His recent work in this area has included:

• Advising (with Robert Miles QC) both the issuer and stock trustee under a debenture stock trust deed in relation to proposed amendments to the trust deed.
• Advising (with Robert Miles QC) a major bank on the terms of a reversion swap program.

 Work during Pupillage

Specific work for members of chambers during James' pupillage included the following:

•  Assisting Richard Hill in Sinclair Investments (Uk) Ltd v. Versailles Trade Finance Ltd (In Administration) & Ors [2010] EWHC 1614 (Ch), a trial relating to equitable claims arising out of the collapse of the Versailles group of companies.
• Assisting Robert Miles QC and Richard Hill in the preparation of the most recent appeal in the Lehman's ‘client money' litigation: Re Lehman Brothers International (Europe) (In Administration) [2010] EWCA Civ 917.
• Assisting Andrew Clutterbuck in Singla v. Headman [2010] EWHC 902 (Ch) the trial of a liquidator's claims for wrongful trading against a former director of a film production company, the avoidance of certain alleged agreements as transactions at an undervalue, and for an inquiry as to damages for copyright infringement.
• Assisting Christopher Harrison and George Bompas QC in advising on the effects of a freezing injunction obtained by a third party against a party to an SPA.
• Assisting George Bompas QC in advising on the duties owed by a ‘Seller's Representative' in an earn-out type SPA.
• Assisting Paul Greenwood and George Bompas QC in advising and drafting particulars in relation to the application of Market Value Reductions on investment bonds.
• Assisting Christopher Harrison in a successful application in the Commercial Court to set aside an order for service out of the jurisdiction in an ex-employee's bonus claim against an investment bank: Chunilal v. Merrill Lynch International Inc. [2010] EWHC 1467 (Comm)
• Assisting Richard Hill in an application in the Companies Court to determine the beneficial ownership of shares subject to a Repo agreement: Mills & Ors (Joint Administrators of Joint Administrators of Kaupthing Singer and Friedlander Ltd) v. Sportsdirect.com Retail Ltd [2010] EWHC 1072 (Ch)

Academic

BA (Hons) Warwick
BPP Law School (GDC)
BPP Law School (BVC)

Professional

James is a member of the Commercial Bar Association and the Chancery Bar Association