James Morgan KC

Call: 1996 | Silk: 2017

King's Counsel

James Morgan KC is a highly-regarded commercial practitioner, with particular expertise in the fields of restructuring and insolvency, company and commercial dispute resolution. He has a wealth of trial experience (including cross-examining experts) and considerable expertise in applications for interim relief, including freezing orders and injunctions. James is featured as a leader in his fields of expertise by both Chambers UK Bar and The Legal 500 UK Bar. James also sits as a Deputy High Court Judge (Chancery) and as a Recorder of the County Court.

James is experienced in dealing with cross-border issues in commercial and insolvency litigation. He has recently been involved in applications for recognition of a Hong Kong bankruptcy and a British Virgin Island liquidation. He has ongoing cases involving issues of Jersey law and German law where it has been necessary to liaise closely with local lawyers in those jurisdictions. He also recently successfully acted for an African oil company in an ICC Arbitration.

RESTRUCTURING AND INSOLVENCY

James has a leading reputation for handling a wide range of restructuring and insolvency matters. A client quoted in Chambers UK Bar 2019 describes him as “very good at insolvency – he’s one of the go-tos. He’s extremely intelligent and his knowledge of the law in that area is second to none. He is good with clients and highly approachable. He’s happy to speak to the clients and find a commercial solution.”

James’ work in this area includes:

Re The Sustainable Bathroom Company Ltd [2023] EWHC 2065 (Ch) – successfully acting for a chargeholder in establishing that its appointment of administrators was valid because the charge was enforceable and there were no serious defects in the appointment documentation
Adams v FS Capital Ltd [2023] EWHC 1649 (Ch) – leading Josh Lewison in a 2-week trial involving trusts, constructive trusts, the meaning of an “insolvent trust” and the application of the decision in Sequana as a matter of Jersey law
Acting for BVI liquidators in obtaining a recognition order under the Cross-Border Insolvency Regulations 2006 in the context of an international Ponzi scheme
Acting for a large action group of investors in relation to a complex disclaimer / vesting order application arising out of a failed development scheme where fraud is alleged
Re Li Shu Chung [2021] EWHC 3346 (Ch) – leading Katie Longstaff in successfully acting for Hong Kong trustees in bankruptcy in resisting an application for security for costs and then obtaining a recognition order under the Cross-Border Insolvency Regulations 2006
Re Fowlds [2021] EWHC 2149 (Ch); [2022] 1 WLR 61 – leading Andrew Brown on an appeal before Trower J, which is the leading decision on “change of position” as a defence to avoidance claims in insolvency
Acting for a national firm of insolvency practitioners in successfully resisting a substantial claim for professional negligence arising out a trading administration and dealings with ROT goods
Elston v King [2020] EWHC 55 (Ch); [2020] BPIR 501 – Successfully acting for a trustee in bankruptcy in relation to the operation of the doctrine of common mistake in the context of an income payment agreement entered into by the bankrupt
Baltic House Developments Ltd v Wing Keung Cheung [2018] Bus LR 1531 – Appearing in a contested application for an administration order
Re TPS Investments (UK) Ltd [2018] EWHC 360 (Ch) – Successfully acting for administrators in defeating an application to remove them on the grounds of a conflict of interest
Re Capital Funding One Ltd [2017] EWHC 3567 (Ch) – Successfully acting for a company in establishing that administrators were invalidly appointed
Ready Rentals Ltd (in liquidation) v Ahmed [2016] EWHC 1996 (Ch) – Appearing in a notable case considering the interaction of POCA 2002 and insolvency law in the context of a payment into court
Re Cosy Seal Insulation Ltd (in administration) [2016] EWHC 1225 (Ch) – Successfully acting for an administrator in obtaining a judgment from HHJ Behrens for over £1m against a director and connected party for breach of duty and a transaction at an undervalue
Advising as to the interaction of insolvency and shipping law in the context of the administration of travel companies with various cross-border issues
Successfully acting for an Irish liquidator in bringing proceedings in the High Court in England in reliance on the provisions in the EC Insolvency Regulation
Power v Hodges [2015] EWHC 2931 (Ch), [2015] EWHC 2983 (Ch) – Obtaining summary judgment and suspended orders for committal on behalf of the liquidators in substantial misfeasance proceedings

Sharma v Top Brands [2015] EWCA Civ 1140 – Appearing in a case, in which the Court of Appeal upheld the trial judge’s finding that the breach of duty claim against a former liquidator was not barred by reason of illegality.

Top Brands v Sharma [2014] EWCA Civ 761 – Acting in an expedited appeal, where the decision upheld the first instance judge’s finding that a former liquidator had no standing to challenge the status of the applicants as creditors, thereby meaning that their misfeasance claim against the former liquidator should proceed
Re Casa Estates Ltd [2014] BCC 269 – Appearing in a Court of Appeal case (on a second appeal) concerning the meaning and effect of the “cash flow” and “balance sheet” insolvency tests in section 123 of the Insolvency Act 1986 following the decision of the Supreme Court in Eurosail
Masters v Furber [2014] BPIR 263 – Decision of HHJ Purle KC that a supervisor of an IVA could, relying in part on a Power of Attorney in his favour, obtain a mandatory injunction requiring the debtor to comply with the terms of the arrangement in relation to the realisation of certain motor vehicles for the benefit of creditors as a whole.
Re GP Aviation Ltd [2014] 1 WLR 166 – Acting in a case concerning whether a bare right to appeal was “property” within the meaning of the Insolvency Act 1986 in the context of an application by liquidator for directions as to whether he should assign the right to conduct a tax appeal to the directors of the company.

James Morgan KC

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