James Sharpe

James is regularly instructed in commercial matters involving sale of goods, supply of goods and services, bailment and agency; as well as claims arising out of SPAs, joint venture agreements, commission agreements, franchise agreements and agency agreements. James also often acts in respect of agreements between insurers and/or insurance brokers. James also has experience of obtaining injunctions (interim and freezing) at short notice.

Selected Cases

• Epwin Logistics Limited v Corum XL: (with Daniel Shapiro QC) acting on behalf of Corum in the remaining counterclaim for rectification of a lease for mistake (instructed by Simmons & Simmons).
• MW High Tech Projects Limited v Greenhalgh & Ors: (with Daniel Shapiro QC) acting on behalf of three former directors against a £300m claim for breach of directors’ duties arising out of the Claimant’s entry into three large waste to energy projects (instructed by Beale & Co).
• Valero Energy Limited v B&A Contracts Limited: (with Colin Edelman QC and Daniel Shapiro QC) defending a tank cleaning contractor against a claim for a contractual indemnity following an explosion at a refinery in Pembrokeshire in 2011. The trial is listed for 3 weeks in October 2021 (instructed by Kennedys LLP)(TCC).
• Propharma Group MIS Holdings Ltd v Certain underwriting members of Lloyd Syndicates: (with Ben Quiney QC) acting on behalf of the London Market in defence of a claim that a Buyer-Side Warranty and Indemnity Insurance Policy has been triggered following the purchase of a company pursuant to a SPA (Commercial Court)(instructed by DAC Beachcroft LLP).
• Harwood Capital v Lonsdale Insurance Brokers: sole counsel for the brokers in a claim that may rise up to £10m. The claim centres on an allegation that the brokers failed to procure sufficient cover so as to indemnity Harwood in respect of a claim being brought in the United State for assisting breach of breach of fiduciary duty and interference with contract. (Commercial Court)(instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• Confidential arbitration: (with Daniel Shapiro QC) acting on behalf of a bank in relation to a €80million claim made against it for its role as depositary of a fund.
• Belmont Farms v Duynie – (with David Elvin QC) in the Commercial Court acting for a supplier in a £10 million claim arising out of the sale of contaminated animal feed (instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• Chalfin -v- PIB – (with Ben Quiney QC) acting on behalf of insurance brokers in a Commercial Court claim.
• Brit UW Ltd v F & B Trenchless Ltd [2016] Lloyd’s Rep IR 69; [2015] EWHC 2237 – Comm acted for the insured tunnelling contractor where insurers were seeking to avoid their public liability insurance (with Daniel Shapiro).
• Global Draw v IGT (2015) – In the Commercial Court acting for a vendor of a video gaming   company in respect of various claims arising out of a share purchase agreement. The claim was valued at over £50 million and settled after one week of trial on confidential terms. Between January and May, James worked almost exclusively on this matter assisting with disclosure, witness statements and preparing applications for specific disclosure (with Christopher Butcher QC and Daniel Shapiro).
• British Amateur Gymnastics Association v (1) Zurich (2) Brit (3) Perkins Slade Limited (with Ben Quiney QC). Acting for Third Defendant in Commercial Court claim concerning a dispute between an insured, two insurers and brokers. The case raises points regarding insurance brokers’ duty of care  in negligence and contract as well as in relation to the doctrines of waiver, estoppel and rectification (instructed by Mills & Reeve).

James regularly acts for and advises insured’s, insurers in respect of insurance policies. He advises upon and litigated all insurance related disputes including: dealing with insolvent insured’s and insurance companies; subrogated recovery claims; and all coverage disputes (including non-disclosure and misrepresentation, notification, moral hazard and warranty cases).

James also acts for and against insurance brokers and other insurance intermediaries in professional negligence claims.

In the latest edition of Chambers UK Bar, James is recommended as a Leading junior: “James has got incredible technical knowledge and is a very good and mature cross-examiner.”

Selected Cases

• Carebrook Limited and (2) Carebrook (Camden Market) Limited v QIC Europe Limited: (with Ben Quiney QC) acting on behalf of insurers in respect of a claim for losses incurred during the Covid-19 pandemic and which considers the correct limit of indemnity under a business interruption policy (instructed by DWF LLP).
• X v Y: (with Andrew Rigney QC) acting on behalf of insurers against a claim under a business interruption policy claiming for multiple indemnity periods and losses incurred during the Covid-19 pandemic (instructed by DWF LLP).
• Propharma Group MIS Holdings Ltd v Certain underwriting members of Lloyd Syndicates: (with Ben Quiney QC) acting on behalf of the London Market in defence of a claim that a Buyer-Side Warranty and Indemnity Insurance Policy has been triggered following the purchase of a company pursuant to a SPA (Commercial Court)(instructed by DAC Beachcroft LLP).
• Harwood Capital v Lonsdale Insurance Brokers: sole counsel for the brokers in a claim that may rise up to £10m. The claim centres on an allegation that the brokers failed to procure sufficient cover so as to indemnity Harwood in respect of a claim being brought in the United State for assisting breach of breach of fiduciary duty and interference with contract. (Commercial Court)(instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• Chalfin -v- PIB Risk Services: (with Ben Quiney QC) defending a firm of insurance brokers in a Commercial Court claim.
• Confidential arbitration: (with Ben Quiney QC) acting on behalf of insurers in an aggregation dispute regarding solicitors’ minimum terms arising from various conveyancing transactions.
• Confidential arbitration: (with Ben Quiney QC) acting on behalf of directors and officers in a dispute regarding the construction of a D&O policy.
• Confidential arbitration: un-led against leading counsel and acting on behalf of the London market in a breach of Coverholder dispute.
• Sole counsel acting for the London Market in a breach of converholder dispute alleging that its former coverholder breached its binding authority and continued to write risks after non-renewal.
• Brit UW Ltd v F&B Trenchless Ltd [2016] Lloyd’s Rep IR 69; [2015] EWHC 2237 (Comm) – Acted for the insured tunneling contractor where insurers were seeking to avoid their public liability insurance (with Daniel Shapiro).
• British Amateur Gymnastics Association v (1) Zurich (2) Brit (3) Perkins Slade Limited (with Ben Quiney QC) acted for brokers in this long running multi-million pound coverage dispute arising from cover issued to the British Gymnastics Association. Issues arose relating to cover, non-disclosure, claims made policies, the practice in the Lloyds Market, brokers’ duties, and causation. In addition there was a particular dispute as to the placing and management of excess cover, which it was successfully argued could not be added as new allegations to the claim close to trial; British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm) (Mills & Reeve).
• (with Ben Quiney QC) Instructed on behalf of a firm of insurance brokers to defend a £4m claim alleging that it had failed to properly assess the client’s insurance needs resulting in significant underinsurance following a catastrophic flood (instructed by Carter Perry Bailey).

James regularly acts for and against a variety of professionals including solicitors (including matrimonial finance and pension sharing order disputes), surveyors, architects, mortgage and insurance brokers, IFAs and pension providers and administrators.

In the latest edition of Legal 500, James is recommended as a Leading junior “James is a very effective operator – he has good communication skills and knows the law.”

Solicitors

James acts in claims arising out of the full range of legal work including arising out of litigation and the settlement of litigation, commercial transactions,  SPAs, private equity, tax advice, commercial property, conveyancing, Friday afternoon frauds, ancillary relief and crime.

• Hall v Saunders Law Ltd [2020] EWHC 404 – (with Daniel Shapiro QC) acted for Saunders Law in a successful summary judgment application on a claim brought by a litigation funder.
• Perry v Raleys Solicitors (with Ben Quiney QC) acting as part of the team defending the series of claims arising from the alleged under-settlement of miner’s VWF claims by, amongst others, Raleys solicitors. Perry is a key Supreme Court decision reviewing important issues for solicitors’ negligence. It deals with the test for lost chances and honesty, the principles in Allied Maples, and questions of the Court of Appeal’s jurisdiction (BLM).
• Hinkel v Simmons & Simmons: James successfully struck out a claim alleging fraudulent misrepresentation against a counterparty’s solicitors arising out a failed property transaction(instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• Business Finance Litigation: James acted on behalf of Simmons & Simmons, Leading and junior counsel in the longstanding litigation in the Financial List ([2022 EWHC 140 (Ch)) (instructed by CMS Cameron McKenna Nabarro Olswang LLP)

Insurance brokers

• Chalfin -v- PIB Risk Services: (with Ben Quiney QC) defending a firm of insurance brokers in a Commercial Court claim.
• Harwood Capital v Lonsdale Insurance Brokers: acting as sole counsel for the brokers in a claim that may rise up to £10m. The claim centres on an allegation that the brokers failed to procure sufficient cover so as to indemnity Harwood in respect of a claim being brought in the United State for assisting breach of breach of fiduciary duty and interference with contract. (Commercial Court)(instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• (with Ben Quiney QC) Instructed on behalf of a firm of insurance brokers to defend a £4m claim alleging that it had failed to properly assess the client’s insurance needs resulting in significant underinsurance following a catastrophic flood (instructed by Carter Perry Bailey).
• British Amateur Gymnastics Association v (1) Zurich (2) Brit (3) Perkins Slade Limited (with Ben Quiney QC) acted for brokers in this long running multi-million pound coverage dispute arising from cover issued to the British Gymnastics Association. Issues arose relating to cover, non-disclosure, claims made policies, the practice in the Lloyds Market, brokers’ duties, and causation. In addition there was a particular dispute as to the placing and management of excess cover, which it was successfully argued could not be added as new allegations to the claim close to trial; British Gymnastics v Zurich, Brit & Perkins Slade [2017] EWHC 2500 (Comm) (Mills & Reeve).

Finance professionals

• Confidential arbitration: (with Daniel Shapiro QC) acting on behalf of a bank in relation to a €90million claim made against it for its role as depositary of a fund.
• T George v Shoosmiths v Chase de Vere: James is acting as sole counsel for a firm of IFAs in respect of a contribution claim being brought by a solicitor who had power of attorney of a HNV individual’s financial affairs. The main claim alleges that an investment of c. £9m should have been made on a joint names’ basis saving a tax liability and loss of investment gains. The claim is pleaded in the region of £4m (instructed by CMS Cameron McKenna Nabarro Olswang LLP).
• Jago v Mortgage4you: (with Daniel Shapiro QC) acting on behalf of mortgage broker in respect of a claim that the mortgage adviser negligently advised an interest only mortgage. James is instructed on behalf of a number of mortgage brokers in a  raft of cases that are being brought with respect to mortgage advice given in the mid 2000s (instructed by RPC).
• Successfully defended a trustee in bankruptcy against a professional negligence claim brought by the bankrupt (instructed by Browne Jacobson).

Other professionals

• James often acts for other professionals or quasi-professionals: for example fire service (Wembridge Claimants & Ors v East Sussex Fire & Rescue Service [2013] EWHC 2331 (QB) ) and Fire safety engineers: Howmet v EDL & ECS 157 Con. L.R. 1 & [2016] B.L.R. 555

James has extensive experience in property damage disputes arising out of explosions, fires and floods. He deals with coverage, recoveries and defences. His experience includes being led in large property damage disputes in the TCC as well as acting unled.

Selected Cases

• Valero Energy Limited v B&A Contracts Limited: (with Colin Edelman QC and Daniel Shapiro QC) defending a tank cleaning contractor against a claim for a contractual indemnity following an explosion at a refinery in Pembrokeshire in 2011. The trial is listed for 3 weeks in October 2021 (instructed by Kennedys LLP)(TCC).
• Murphy v Barnsley MBC: successfully defended a flooding claim following a 4 day trial in September 2018 (instructed by Kennedys).
• Acting in a multi-million pound subrogated claim arising out of a large fire (with Andrew Rigney QC).
• Successfully defended a tree root claim in a three day trial in the Central London TCC List (instructed by Clyde & Co).
• Howmet v EDL [2016] B.L.R. 555 ; [2016] EWCA Civ 847 (with Ben Quiney QC) – In the Court of Appeal acting for a factory owner in a recovery action resulting from a serious fire that caused £24m losses arising from an alleged failure of failsafe devices (instructed by RPC). James also appeared at first instance in a 3-week trial in the TCC (157 Con. L.R. 1; [2014] EWHC 3933 (TCC)).

James has wide experience in construction disputes including trial work in the TCC as well as arbitrations and adjudications. He has dealt with cases for both employers and contractors.

James also has experience in cases involving construction professionals. The cases that he has been involved in have included allegations against professionals including architects and quantity surveyors. James has experience of most standard form contracts, including JCT, ICE, NEC, FIDICC.

Selected Cases

• Acting (with Crispin Winser) in a complex Party Wall Act dispute arising out of a basement conversion in Chelsea.
• Acting (with Andrew Rigney QC) in a multi-million pound subrogated claim arising out of a large fire.
• Howmet v EDL [2016] B.L.R. 555; [2016] EWCA Civ 847 – (with Ben Quiney QC) in Court of Appeal acting for a factory owner in a recovery action resulting from a serious fire that causes £24m losses arising from an alleged failure of failsafe devices (instructed by RPC). James also appeared in the first instance in a 3-week trial in the TCC (157 Con. L.R. 1; [2014] EWHC 3933 (TCC)).
• Gittins v A-Consult Ltd (TCC): acted for the employer against the designer of an anaerobic digester tank following the collapse of an internal concrete wall which led to business interruption losses. Settled shortly before it was due to be heard for 5 days by the TCC in July 2018 (instructed by Clyde & Co).