James Sharpe

Insurance & Reinsurance

He advises upon and litigates all insurance related disputes, including: D&O, PI, PL & EL, product liability, and Warranty and Indemnity policy disputes; 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 is just so easy to work with and so knowledgeable. He has a calming touch in stressful situations.”

Equally, in the current edition of Legal 500, James is recommended as a Leading junior:  ‘Easy to deal with both for solicitors and for clients. User-friendly and good legal analysis.’

Selected Cases

• Carebrook Limited and (2) Carebrook (Camden Market) Limited v QIC Europe Limited: (with Ben Quiney KC) 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).
• CG Restaurants v QIC Europe Limited: (with Daniel Shapiro KC) 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 ([2023] EWHC 245 (Comm)) (instructed by DWF LLP).
• Propharma Group MIS Holdings Ltd v Certain underwriting members of Lloyd Syndicates: (with Ben Quiney KC) 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 KC) defending a firm of insurance brokers in a Commercial Court claim.
• Confidential arbitration: (with Ben Quiney KC) acting on behalf of insurers in an aggregation dispute regarding solicitors’ minimum terms arising from various conveyancing transactions.
• Confidential arbitration: (with Ben Quiney KC) 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 KC).
• British Amateur Gymnastics Association v (1) Zurich (2) Brit (3) Perkins Slade Limited (with Ben Quiney KC) 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 KC) 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).

Articles

• Covid-19: Business Interruption insurance, an FCA class action, and the long-tail risks to insurance brokers
• The Supreme Court provides clarity on causation in professional negligence claims

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News

• Solicitors obtain summary judgment and strike out of a claim by a litigation funder
• Royal Borough of Kensington & Chelsea defend long running subsidence claim

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Qualifications

• Walter Wigglesworth Scholarship, Lincoln’s Inn (2011)
• European Commission Scholarship (unable to accept), Lincoln’s Inn (2009)
• Blackstone’s Mooting Competition (finalist) (2009)
• BVC, City Law School (2008 – 2009)
• Hardwicke Scholarship, Lincoln’s Inn (2007)
• BA (Hons) Jurisprudence, Somerville College, University of Oxford (2004 – 2007)

Memberships

• COMBAR
• LCLCBA
• PNBA
• TECBAR