Tax issues on stake sales and investment into managers: structuring, pitfalls and steps to take now
About
James specialises in the management of complex, international disputes in state courts and arbitration, often involving parallel proceedings in different jurisdictions. James has particular experience in civil fraud, corporate and shareholder disputes, insolvency and finance disputes.
James’ work often involves obtaining or challenging interim relief of various kinds obtained in support of court or arbitral proceedings, including worldwide freezing orders, and dealing with jurisdiction challenges.
James is a recognised leading lawyer for his work in asset recovery and enforcement. He is often instructed on disputes that intersect with criminal or regulatory investigations or proceedings.
James has an intricate knowledge of litigation and legal assets financing and has advised on the structuring of some of the most innovative financing arrangements in recent years.
Experience
- Acting for a fund in liquidation against a fraudster and a fund manager in relation to the misappropriation of assets, resulting in the collapse of the entire fund.
- Acting for a party to a joint venture dispute in relation to the funding of the largest claim ever brought in England.
- Acting for a litigation funder in relation to the purported termination of a funding agreement, in which we successfully obtained injunctive relief to preserve litigation proceeds in England.
- Representing the owners of a Chilean company in a jurisdiction challenge in the English Courts relating to a US $1bn fraud claim brought by a Chinese joint venture partner; striking out associated s1782 relief sought in the United States.
- Representing an individual in a US $750m joint venture dispute.
- Defending an unfair prejudice claim in the Courts of Hong Kong.
- Representing offshore lenders in the enforcement of a guarantee in arbitration, supported by a worldwide freezing order from the English Court. The claim involved insolvency proceedings in BVI, Cyprus and Belize and discovery against 31 banks in the United States.
- Representing the majority shareholders of a security business in relation to unfair prejudice proceedings and conspiracy claims, including the successful strike out of both proceedings before trial.
- Advising a metals company in relation to the misappropriation of funds and subsequent global asset tracing and recovery exercise.
- Representing a businessman challenging an application for recognition and enforcement of a foreign judgment in the English High Court and challenging a £1.25bn worldwide freezing order.