James Carpenter

James Carpenter (Partner)

Commercial Litigation & Dispute Resolution

Luton Office

Telephone: 01582 731161

Email Me

Expertise:

James is a Commercial Litigation and Dispute Resolution partner at Taylor Walton based at the Luton office. He has extensive experience of commercial litigation matters and in particular professional negligence claims, contract disputes, consumer claims, construction disputes, contentious probate matters, insolvency, intellectual property, employment, defamation, shareholder disputes and civil fraud. James has particular experience of litigation, mediation, expert determination and adjudication.

Professional Negligence

James acts in claims against solicitors, barristers, accountants and architects.

Examples of James’ experience in this area include:

  • Successfully represented a company that sued its former solicitors who it was alleged had acted negligently in Court proceedings that were struck out by the Court. The dispute was settled at mediation shortly before trial upon terms whereby the client’s former solicitors agreed to pay substantial damages to the company.
  • Successfully acting for two individuals who sued their former solicitors in relation to the allegedly negligent administration of their mother’s estate that caused a significant tax liability to arise. The claim involved complex limitation and tax issues. It was settled at mediation on terms whereby the clients received substantial damages.
  • Successfully represented a company that sued its former solicitors who it was alleged had acted negligently in the drafting of terms of a lease and specifically a rent review clause. Claim settled by negotiation on terms whereby the clients received substantial damages.

Contract Disputes

James advises in relation to sale of goods, supply of goods and services, commercial and tax warranties. Examples of James’ experience in this area include:

  • Successfully represented a company against a multi-national business in proceedings to determine whether a contract existed and if so what the terms of that contract were. After a positive judgment in our client’s favour terms of settlement were negotiated resulting in a substantial payment of damages to our client.
  • James represented a company in a dispute that related to the supply and installed printing equipment where it was alleged that the equipment supplied or the installation was defective. Dispute was settled through mediation without the need for Court proceedings.
  • James acted for a company in an expert determination that arose out of an alleged breach of warranty contained in a share purchase agreement.

Consumer

James advises in relation to consumer legislation and regulations as well as consumer credit matters. A notable example of James’ experience in this area is that he has advised a large finance company in respect of its litigation, recovery and enforcement of judgments relating to monies loaned pursuant to contracts governed by the Consumer Credit legislation.

Construction Disputes

James acts for employers, architects, main contractors and sub-contractors. Examples of James’ experience in this area include:

  • James is acting for two individuals against their contractors and architects in relation to a construction project involving allegations of poor workmanship and maladministration of the project.
  • James is acting for two individuals against their contractors in relation to a construction project involving allegations of poor workmanship and delay.
  • James has acted for a company in an adjudication between a contractor and employer over unpaid contract sums and disputed deductions.
  • James has acted for a company in a dispute over unpaid and overdue retention payments.

Contentious Probate

James advises personal representatives and beneficiaries as well as those excluded from wills or under the laws of intestacy. Examples of James’ experience in this area include:

  • James is advising an adult child of a deceased excluded from a death-bed will. Claim involves issues of testamentary capacity.
  • James has advised executors and beneficiaries in relation to claims made by co-habitees of a deceased. Claims involved issues arising from Inheritance provision for Family and Dependents Act 1975. Claim settled by direct negotiation.

Insolvency

James advises and acts for individuals, creditors, company directors and insolvency practitioners. Examples of James’ experience in this area include:

  • James regularly advises and acted for individuals and companies who are in receipt of Statutory Demands. These cases involve consideration of and if appropriate the issue of applications to set aside the Statutory Demand or applications for an injunction to prevent the issue and advertisement of a winding up petition.
  • James regularly advises directors in relation to their personal liability arising under the insolvency legislation including in respect of trading whilst insolvent and transactions at an undervalue.
  • James has also advised and acted for creditors who are considering insolvency as a means of enforcing a Court judgment or undisputed debt.

Intellectual Property

James advises on trade mark and copyright disputes. Examples of James’ experience in this area include:

  • James represented a company whose trade marked logo was allegedly copied by a business competing in the same field and geographical area. James was able to secure the withdrawal of the logo without the need for Court action.
  • James represented an organisation in relation to a copyright dispute. The dispute centered on the ownership of the material and again James was able to conclude this dispute without the need for Court action.

Employment

James advises individuals and companies with regard to claims that involve County or High Court litigation and in particular in relation to making or defending claims for injunctive relief. Examples of James’ experience in this area include:

  • James represented an ex-senior employee of a financial institution in a claim for breach of contract relating the termination of his employment and specifically a claim for a substantial sum by way of contractual bonus. The claim was settled by direct negotiation.
  • James has advised a number of companies in relation to breaches of restrictive covenants by ex-employees to include advice on protecting their position with applications for injunctive relief.

Defamation

James advises claimants and defendants in libel and slander actions. Examples of James’ experience in this area include:

  • Successfully representing a company which was the subject of defamatory postings on the internet. James managed to secure the removal of the offending material and undertakings from the authors of the defamatory material without the need for Court action.
  • Successfully defending an organisation in correspondence who had received allegations that material published in a their guide was libellous.

Shareholder Disputes

James advises on the construction of shareholder agreements and acts for majority and minority shareholders in disputes. This generally involves advising shareholders as to the possibility of and pursuing/defending claims for unfair prejudice under the companies’ legislation. In the alternative it involves advising on the terms and effect of the provisions of shareholder agreements and the application or enforceability in practical terms of those provisions.

Civil Fraud

James advises clients on claims and relief available and in particular in making or defending claims for injunctive relief. Examples of James’ experience in this area include:

  • James successfully represented a company who had been the victim of theft by an employee. James secured protection from the dissipation of the employee’s assets through obtaining a freezing order and subsequently judgment for the return of the stolen monies.
  • James, acting for a charge holder, has successfully obtained a freezing order over a debtor’s assets – the debtor having fraudulently secured the discharged of the charge.

Career

Trained at Carpenters Rose and Reynolds Porter Chamberlain; qualified in August 1996. Solicitor Reynolds Porter Chamberlain in Professional Indemnity and Insurance Litigation departments; joined Taylor Walton in June 1999 as a solicitor in the Commercial Litigation department; 2004 made partner in the Commercial Litigation department at Taylor Walton.

Member

Professional Negligence Lawyer’s Association

Leisure:

James enjoys playing and watching sports. With his footballing days firmly in the past James now pursues his interests in golf and cricket. While in respect of cricket, James plays for a casual team as well as organising and managing TW’s own team. Away from sport, James enjoys food and drink and is widely acknowledged to be a curry aficionado.

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