E: jhilsdon@lexalto.co.ukT: 07826 767 878 | www.lexalto.co.uk

James has an excellent track record in conducting major litigation. He has over 20 years PQE gained first at the Chancery Commercial Bar and subsequently in Magic Circle and leading global off shore firms. James takes a consistently commercial approach supported by strong academic ability and significant practical experience, and has assisted a range of sectors, including renewable energies, aviation, financial services, engineering, oil and gas, IT, manufacturing and multimedia. His practice encompasses a broad range of issues, from contract breaches to fraud and insolvency to Human Rights Act commercial claims and civil litigation. James’ clients have referred to him as a ‘trusted ally who will readily identify a quick and cost effective commercial solution where one exists’.

Commercial Litigator with Higher Rights of Audience

Keepers Cottage, Tutta Beck, Barnard CastleCounty Durham, DL12 9RY

Civil fraud, asset recovery, disclosure (Norwich Pharmacal) and freezing orders Cross-border and off-shore litigation including BVI and Anguilla law Investor disputes, joint ventures, minority shareholder oppression, partnership disputes Judicial review and Human Rights damages claims for commercial clients (renewables energy sector) Professional negligence including solicitor's negligence

Contract disputes Company law, directors duties and corporate governance Employment disputes including restrictive covenants and tortious interference Insurance disputes, product liability claims Intellectual property disputes including passing off and trademark disputes Property litigation

Breyer Group Plc and others v. Department of Energy & Climate Change [2014] EWHC 2257 (High Court) Subject: An innovative claim for damages pursuant to section 8 of the Human Rights Act 1998 on the ground that DECC, by its proposals for an unlawful modification of the solar PV Feed-in-Tariff subsidy scheme, had interfered with the Claimants’ right to enjoyment of their possessions contrary to Article 1 of the First Protocol of the European Convention on Human Rights

Role: Settling initial and subsequent advices, settling pleadings, and instructing Leading Counsel (Edward Faulks QC, Michael Fordham QC)

Kensington v. Montrow (BVI High Court, Eastern Caribbean Court of Appeal, Jersey Royal Court)Subject: Culminating part of Kensington’s long running attempts to enforce judgments against Congo-Brazzaville. Case involved the disputed ownership of an offshore oilfield ostensibly held by a Jersey charitable trust via a BVI company

Role: Counsel responsible for BVI law and strategy. Appeared on interlocutory matters led by Stephen Moverley Smith QC. Provisional liquidations were obtained over BVI and Congolese companies and the appointments were recognised in Jersey. Matter settled on favourable terms

Astian v. TNK (BVI High Court and EC Court of Appeal)Subject: Worldwide freezing order and forum non conveniens (concerning price fixing allegations against Russian Oil giant)

Role: Senior Associate assisting Department Head and External Counsel (Robert Hildyard QC and Alan Boyle QC) in both High Court and EC Court of Appeal. Resulted in the emasculation of the Freezing Order granted ex parte against the client and successful forum challenge. Both results upheld on appeal preserving a significant TNK-BP joint venture

About

Specialist expertise

General experience

Significant cases

James Hilsdon

Career history and professional experience

Commercial litigation consultancyVLaw Limited, TA Valemus Law, October 2009 - presentConsultancy-based full service law firm. Handling a wide variety of general commercial litigation clients both recruited personally and internally referred. Recent highlights include:

Trademark invalidation for bad faith in a dispute between former directors of an insolvent company, also involving passing-off and unlawful phoenixing Misrepresentation, potentially fraudulent, of a business consultancy franchise, extricating a number of franchisees from fixed-term agreements Shareholder dispute and minority oppression claim in relation to FCA-regulated investment house Defence of major European food production company against claim by invoice factors in the context of supplier invoice fraud Breach of trust claim in relation to management of substantial UK property portfolio of international family trust Competition/restrictive covenants dispute between major European film production company and key sub-contractor

Prospect Law Limited, August 2010 - presentNiche energy firm. Senior consultant with day to day conduct of a variety of both general commercial litigation and energy-related matters. Role is client facing and involves settling detailed advice in relation to complex matters, settling inter partes correspondence, pleadings and instructions to leading counsel. Highlights include: Judicial Review advice for solar industry in relation to Government termination of the Green Deal subsidy scheme High Court commercial damages claim under Human Rights Act on behalf of solar industry consequent upon the unlawful proposed changes to the Feed-In-Tariff subsidy scheme High Court challenge to OFT/TSI-approved renewable energy sector industry self-regulation body for breach of its own scheme rules

Hudson McKenzie Limited, July 2014 - presentBoutique London law firm. Client-facing role including advice and day-to-day case management. Highlights include:

Acting for majority shareholders in innovative technology company in negotiation for buyout of a minority shareholder. Also involves breach of fiduciary duties

Restraint of Trade/tortious interference with contract for film/theatrical agent

Private practiceDavies Arnold Cooper LLP, 2008 – 2009 Partner, Commercial Litigation. Recruited together with team of senior associates to supplement commercial litigation, civil fraud and contentious insolvency at traditionally insurance based practice. Part of cross disciplinary Insolvency and Corporate Restructuring Group Significant business development role

TKP LLP, 2007 – 2008Partner and Head of Commercial Litigation. Recruited to head up and develop commercial litigation and civil fraud practice.

Appleby Global, BVI, 2005 – 2007Litigation & Insolvency Practice Group Head. Recruited to head up and develop litigation department in the new BVI office Drew upon significant global contacts and established personal reputation to bring new department to capacity and profitability within 2 months of inception. Developed an international client base with focus on London, East Asia (HK and PRC), CIS and USA Specialised in general commercial litigation and restructuring, including shareholders’ disputes, funds, regulatory, contentious trusts, fraud and asset recovery and cross-border insolvency

Career history and professional experience ...continued

Harneys, BVI, 2003 – 2005Senior associate. Offshore corporate/commercial litigation and insolvency; some local commercial litigation Substantive law included company law, fraud and asset recovery, insolvency (including cross-border), contentious trust work, judicial review and regulatory matters

Clifford Chance, 2000 – 2003Senior associate. National/international corporate/commercial litigation across a range of sectors, including: IT, engineering, motion picture/media, aviation, manufacturing, banking/financial services Substantive law included: company, product liability, fraud, forfeiture, extradition, lien, trusts, Human Rights Act, freezing orders, conflict resolution, cross-jurisdictional claims/enforcement Member of the Core Advocacy Unit

Chancery Commercial BarCobden House Chambers, 1994 – 2000Independent practice at the Bar, Manchester. Commercial, company, property and trusts practice Advisory services, pleadings settlement, interlocutory and trial advocacy

AdmissionsSolicitor, England & Wales 2008Bar of Eastern Caribbean: British Virgin Islands 2003, Anguilla 2003Bar of England and Wales 1993

Education1993 – 1994 Pupillage, Wilberforce Chambers, Lincoln’s Inn and 7 Stone Buildings, Lincoln’s Inn1992 – 1993 Bar Finals, Inns of Court School of Law1991 – 1992 Common Professional Examination (Dip.Law), City University1987 – 1990 MA, History, First Class Honours, Trinity Hall, University of Cambridge

Scholarships: Bateman (Trinity Hall); Mansfield, Megarry (Lincoln’s Inn); Inns of Court Studentship

Personal Queen’s Commission: Ex Troop Leader, Armoured Regiment, Territorial Army Volunteer, Flag Fen Archeology Park, Peterborough Interests include sailing, cycling, shooting, riding, history, classical music and reading

James is well positioned to serve clients in the North of England but is equally happy to take up responsibilities in the South of England and, if necessary, abroad. His commute to London is 2hrs 45 minutes and he has options for weekly accommodation if necessary.