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James Potts

Called: 1994

 

 

Profile

Main practice areas are advice and litigation in the fields of company law, including partnership, insolvency and related commercial fields.

Education

Magdalen College, Oxford (1989-1992), BA (Hons)

Main practice areas

Publications

Contributor to Practice & Procedure of the Companies Court Pub. by LLP (1997) being the author of the Chapter on Applications in Receivership and Company Directors: Law & Liability Pub. by Sweet & Maxwell (loose leaf), being co-author of the Chapter on Powers of Directors.

Reported Case List

• Akai Holding LH v. RSM Robson Rhodes LLP and another
  Ref: [2007] EWHC 1641 (Ch)
  Injunction to restrain merger of two accounting firms based on alleged breach of contract to prevent conflicts of interest.
• Re Hans Brochier Holdings
  (unrep, 15 August 2006)
  Test to be applied in establishing centre of main interest (COMI) of English Company with business operations in Germany. Presumption rebutted.
• Appointment of administrators set aside.
  (Appointment of second administrators also later set aside on basis of no establishment)
• Airey v. Cordell
  Ref: [2006] EWHC 2728 (Ch)
  Test to be applied for permission to continue derivative actions
• Dalby v. Bodilly
  Ref: [2004] EWHC 3078 (Ch); [2005] B.C.C. 627
  Summary Judgment obtained for Petitioner on s.459 Petition where director had allotted shares to himself to dilute the other shareholder's interest. Buy-out ordered.
• Pena v Dale
  Ref: [2004] 2 BCLC 508
  Requirements for valid purchase of own shares by a company
• Great Future International & Ors v. Sealand Housing Corporation & Ors
  Ref: [2004] EWHC 124 (Ch), Times, March 1, 2004
  Acted for Applicants. Respondent committed to prison for 12 months for contempt of court in relation to breaches of freezing injunction.
• Re Isis Factors plc Dulai and another v Isis Factors plc and another
  Ref: [2003] EWHC 1653 (Ch); [2004] BCC 359
  Acted for successful Defendants in claim for rectification of the register of members.
• Great Future International v. Sealand Housing Corporation & Ors
  Ref: [2002] EWHC 2454 (Ch), Times, December 17, 2002
  Inquiry as to damages following an earlier judgment on liability for fraudulent misrepresentation and breach of warranty. Damages of over US$45m assessed.
• West v. Blanchet and another
  Ref: [2000] 1 BCLC 795
  Successfully struck out a petition under s.459 of the Companies Act 1985 by a minority shareholder.
• Lloyd v Popely & Anor
  Ref: [2000] BCC 338; [2000] 1 BCLC 19
  Acted for one of the Defendants in action concerning rectification of the register of members, breach of shareholders agreement and carrying on of investment business within the terms of the Financial Service Act 1986
• Re Landhurst Leasing Plc
  Ref: [1999] BCLC 795
  Acted for one of the Respondents in Directors Disqualification Act proceedings.
• Re Barings Plc
  Acted for one of the Respondents in Directors Disqualification Act proceedings. Dealt with "Carecraft" settlement and successful application for leave to act.