James Little

Profile

James has a broad civil litigation and advisory practice. He has particular expertise in contract and commercial disputes, trusts, estates and insurance.


James holds a masters in law with first class honours from the University of Cambridge.  He began his career at Bell Gully and subsequently worked as a judge’s clerk at the Court of Appeal.


James joined Shortland Chambers in 2016.  Prior to joining the bar, James practised in London at a top tier US firm specialising in international commercial arbitration and litigation.


Recent highlights of James’ practice include:

  • acting for beneficiaries in the leading New Zealand case on the appointment of trustees and the fraud on a power / proper purposes doctrine  
  • acting for defendant directors of a trustee company facing knowing assistance and breach of fiduciary claims
  • acting for liability insurers on matters arising out of the SkyCity convention centre fire
  • acting for a property investment company in a “de-banking” dispute with a New Zealand bank
  • acting for the defendant to a complex relationship property and trusts claim
  • acting for a Pacific state in a telecommunications contract dispute with a technology company in a Singapore-seated international arbitration
  • acting for the applicant in a successful judicial review challenge to New Zealand’s Covid-19 MIQ regime


Profile

James has a broad civil litigation and advisory practice. He has particular expertise in contract and commercial disputes, trusts, estates and insurance.


James holds a masters in law with first class honours from the University of Cambridge.  He began his career at Bell Gully and subsequently worked as a judge’s clerk at the Court of Appeal.


James joined Shortland Chambers in 2016.  Prior to joining the bar, James practised in London at a top tier US firm specialising in international commercial arbitration and litigation.


Recent highlights of James’ practice include:

  • acting for beneficiaries in the leading New Zealand case on the appointment of trustees and the fraud on a power / proper purposes doctrine  
  • acting for defendant directors of a trustee company facing knowing assistance and breach of fiduciary claims
  • acting for liability insurers on matters arising out of the SkyCity convention centre fire
  • acting for a property investment company in a “de-banking” dispute with a New Zealand bank
  • acting for the defendant to a complex relationship property and trusts claim
  • acting for a Pacific state in a telecommunications contract dispute with a technology company in a Singapore-seated international arbitration
  • acting for the applicant in a successful judicial review challenge to New Zealand’s Covid-19 MIQ regime


Profile

James has a broad civil litigation and advisory practice. He has particular expertise in contract and commercial disputes, trusts, estates and insurance.


James holds a masters in law with first class honours from the University of Cambridge.  He began his career at Bell Gully and subsequently worked as a judge’s clerk at the Court of Appeal.


James joined Shortland Chambers in 2016.  Prior to joining the bar, James practised in London at a top tier US firm specialising in international commercial arbitration and litigation.


Recent highlights of James’ practice include:

  • acting for beneficiaries in the leading New Zealand case on the appointment of trustees and the fraud on a power / proper purposes doctrine  
  • acting for defendant directors of a trustee company facing knowing assistance and breach of fiduciary claims
  • acting for liability insurers on matters arising out of the SkyCity convention centre fire
  • acting for a property investment company in a “de-banking” dispute with a New Zealand bank
  • acting for the defendant to a complex relationship property and trusts claim
  • acting for a Pacific state in a telecommunications contract dispute with a technology company in a Singapore-seated international arbitration
  • acting for the applicant in a successful judicial review challenge to New Zealand’s Covid-19 MIQ regime


Additional information

Case History

Commercial disputes


James regularly acts for those involved in commercial disputes, including those relating to contract, company and partnership matters. He appears in trial and appellate courts and in arbitrations. Examples of James’ work include:  

  • acting for a New Zealand fuel retailer in a contract and pricing dispute with an international oil company
  • acting for a shareholder in a minority oppression claim against an international technology company
  • acting for directors in defence of a breach of fiduciary duty claim
  • acting for a New Zealand property investment company in a “de-banking” dispute with a New Zealand bank
  • acting for a Pacific state in a telecommunications contract dispute with a large technology company in a Singapore-seated international arbitration
  • acting for a pharmaceutical company in a contractual dispute with another pharmaceutical company regarding the promotion of a drug in a Singapore-seated international arbitration
  • acting for a farming group in a civil fraud and negligence dispute with its former manager


Trusts and estates


James is instructed to act for and advise trustees, executors, beneficiaries, solicitors and accountants. He has significant experience of matters involving the scope of trustees’ powers and duties; the appointment and removal of trustees; relationship property and trusts; breach of trust claims; applications by trustees to the High Court; probate disputes, including issues of construction and rectification of wills and testamentary capacity; administration of estates and charitable trusts.


The majority of his trusts-related work is confidential but examples include:

  • acting for beneficiaries in the leading New Zealand case on the appointment of trustees and the fraud on a power / proper purposes doctrine  
  • acting for defendants to a complex and multi-jurisdictional relationship property and trusts claim
  • acting for a defendant executor to a breach of trust claim
  • acting for defendant directors of a trustee company facing knowing assistance and breach of fiduciary claims
  • acting for defendant beneficiaries to an application to the High Court for variation and winding up
  • acting for trustees on applications for directions to the High Court


Insurance


James acts for insurers, brokers and policyholders. He works across lines including directors’ and officers’ liability, general / public liability, property damage, professional indemnity and business interruption. Examples of James’ work include:

  • acting for liability insurers on matters arising out of the SkyCity convention centre fire
  • acting for insureds in a coverage dispute with their insurer under a property damage policy  
  • acting for insureds in relation to indemnity and defence costs matters arising under D&O policies
  • acting for business interruption insurers on matters arising out of the Canterbury earthquakes and Covid-19
  • acting for insureds under property damage policies on claims arising out of the Canterbury earthquakes


Public and regulatory


James accepts instructions across all areas of public law and regulation. Examples of James’ work include:

  • acting for the applicants in a successful judicial review challenge of a decision to remove the exotic trees from Ōwairaka / Mt Albert
  • acting for the applicant in a successful judicial review challenge of New Zealand’s Covid-19 MIQ regime
  • acting for a regulator in a judicial review of its decision
  • acting for a shareholder in relation to securities and takeover regulation matters
  • acting for an insurer on competition and insurance regulation matters

Documents

Commercial disputes


James regularly acts for those involved in commercial disputes, including those relating to contract, company and partnership matters. He appears in trial and appellate courts and in arbitrations. Examples of James’ work include:  

  • acting for a New Zealand fuel retailer in a contract and pricing dispute with an international oil company
  • acting for a shareholder in a minority oppression claim against an international technology company
  • acting for directors in defence of a breach of fiduciary duty claim
  • acting for a New Zealand property investment company in a “de-banking” dispute with a New Zealand bank
  • acting for a Pacific state in a telecommunications contract dispute with a large technology company in a Singapore-seated international arbitration
  • acting for a pharmaceutical company in a contractual dispute with another pharmaceutical company regarding the promotion of a drug in a Singapore-seated international arbitration
  • acting for a farming group in a civil fraud and negligence dispute with its former manager


Trusts and estates


James is instructed to act for and advise trustees, executors, beneficiaries, solicitors and accountants. He has significant experience of matters involving the scope of trustees’ powers and duties; the appointment and removal of trustees; relationship property and trusts; breach of trust claims; applications by trustees to the High Court; probate disputes, including issues of construction and rectification of wills and testamentary capacity; administration of estates and charitable trusts.


The majority of his trusts-related work is confidential but examples include:

  • acting for beneficiaries in the leading New Zealand case on the appointment of trustees and the fraud on a power / proper purposes doctrine  
  • acting for defendants to a complex and multi-jurisdictional relationship property and trusts claim
  • acting for a defendant executor to a breach of trust claim
  • acting for defendant directors of a trustee company facing knowing assistance and breach of fiduciary claims
  • acting for defendant beneficiaries to an application to the High Court for variation and winding up
  • acting for trustees on applications for directions to the High Court


Insurance


James acts for insurers, brokers and policyholders. He works across lines including directors’ and officers’ liability, general / public liability, property damage, professional indemnity and business interruption. Examples of James’ work include:

  • acting for liability insurers on matters arising out of the SkyCity convention centre fire
  • acting for insureds in a coverage dispute with their insurer under a property damage policy  
  • acting for insureds in relation to indemnity and defence costs matters arising under D&O policies
  • acting for business interruption insurers on matters arising out of the Canterbury earthquakes and Covid-19
  • acting for insureds under property damage policies on claims arising out of the Canterbury earthquakes


Public and regulatory


James accepts instructions across all areas of public law and regulation. Examples of James’ work include:

  • acting for the applicants in a successful judicial review challenge of a decision to remove the exotic trees from Ōwairaka / Mt Albert
  • acting for the applicant in a successful judicial review challenge of New Zealand’s Covid-19 MIQ regime
  • acting for a regulator in a judicial review of its decision
  • acting for a shareholder in relation to securities and takeover regulation matters
  • acting for an insurer on competition and insurance regulation matters

Qualifications

BA/LLB (Hons) (Auck)

LLM (Cantab) (First Class)

Year Admitted: 2008

Barrister Sole: 2016

James
Little
james.little@shortlandchambers.co.nz
+64 21 022 71795
Shortland Chambers