James Ruddell

Profile

James is a commercial and civil barrister with extensive international experience. He has acted in a wide range of disputes, with a particular focus on corporate and commercial litigation, banking and finance, equity and trusts, and civil fraud. He also has experience in regulatory issues.


James began his career at Bell Gully in 2013. From 2016 he practised as a barrister at One Essex Court, a top-tier commercial barristers’ chambers in London. During that period, James appeared as sole or junior counsel in market-leading commercial disputes, where his clients ranged from individuals and SMEs to financial institutions, multi-national corporations and foreign state entities. He also appeared in several appeals to the United Kingdom Supreme Court.


James has experience across the full life of a dispute, from pre-action advice and urgent interlocutory relief (including freezing injunctions) through to trial, appeals and enforcement action. He also has experience in arbitration and in resolving disputes by agreement or through mediation.


James holds an undergraduate degree in law from the University of Auckland and a master’s degree in law from the University of Oxford. He graduated first in his year in both degrees, receiving a number of scholarships and academic prizes (including the Auckland District Law Society’s Prize, Vinerian Scholarship, FMB Reynolds Scholarship, and Banking and Financial Services Law Association Scholarship).


He is recommended by Legal 500 and Who’s Who Legal, and was one of two winners of the Lexology “Client Choice” Award for Litigation in England for 2022. He has also published academic articles in the areas of contract law, private international law, tax law and legal history.

Profile

James is a commercial and civil barrister with extensive international experience. He has acted in a wide range of disputes, with a particular focus on corporate and commercial litigation, banking and finance, equity and trusts, and civil fraud. He also has experience in regulatory issues.


James began his career at Bell Gully in 2013. From 2016 he practised as a barrister at One Essex Court, a top-tier commercial barristers’ chambers in London. During that period, James appeared as sole or junior counsel in market-leading commercial disputes, where his clients ranged from individuals and SMEs to financial institutions, multi-national corporations and foreign state entities. He also appeared in several appeals to the United Kingdom Supreme Court.


James has experience across the full life of a dispute, from pre-action advice and urgent interlocutory relief (including freezing injunctions) through to trial, appeals and enforcement action. He also has experience in arbitration and in resolving disputes by agreement or through mediation.


James holds an undergraduate degree in law from the University of Auckland and a master’s degree in law from the University of Oxford. He graduated first in his year in both degrees, receiving a number of scholarships and academic prizes (including the Auckland District Law Society’s Prize, Vinerian Scholarship, FMB Reynolds Scholarship, and Banking and Financial Services Law Association Scholarship).


He is recommended by Legal 500 and Who’s Who Legal, and was one of two winners of the Lexology “Client Choice” Award for Litigation in England for 2022. He has also published academic articles in the areas of contract law, private international law, tax law and legal history.

Profile

James is a commercial and civil barrister with extensive international experience. He has acted in a wide range of disputes, with a particular focus on corporate and commercial litigation, banking and finance, equity and trusts, and civil fraud. He also has experience in regulatory issues.


James began his career at Bell Gully in 2013. From 2016 he practised as a barrister at One Essex Court, a top-tier commercial barristers’ chambers in London. During that period, James appeared as sole or junior counsel in market-leading commercial disputes, where his clients ranged from individuals and SMEs to financial institutions, multi-national corporations and foreign state entities. He also appeared in several appeals to the United Kingdom Supreme Court.


James has experience across the full life of a dispute, from pre-action advice and urgent interlocutory relief (including freezing injunctions) through to trial, appeals and enforcement action. He also has experience in arbitration and in resolving disputes by agreement or through mediation.


James holds an undergraduate degree in law from the University of Auckland and a master’s degree in law from the University of Oxford. He graduated first in his year in both degrees, receiving a number of scholarships and academic prizes (including the Auckland District Law Society’s Prize, Vinerian Scholarship, FMB Reynolds Scholarship, and Banking and Financial Services Law Association Scholarship).


He is recommended by Legal 500 and Who’s Who Legal, and was one of two winners of the Lexology “Client Choice” Award for Litigation in England for 2022. He has also published academic articles in the areas of contract law, private international law, tax law and legal history.

Additional information

Case History

Cases in which James has acted include:

  • Philipp v Barclays Bank UK Plc [2023] UKSC 25: acting for the trade body representing the UK banking and finance industry, which intervened in this UK Supreme Court appeal concerning the duties owed by banks in the context of fraudulently induced payment instructions.  
  • General Dynamics United Kingdom Ltd v Libya [2021] UKSC 22: acting for the plaintiff in proceedings to enforce a commercial arbitration award against the State of Libya.
  • Skatteforvaltningen v Solo Capital Partners LLP (in administration) & Ors: acting for the Danish tax authority in proceedings, currently pending before the UK Supreme Court, seeking to recover more that £1 billion paid away in response to allegedly fraudulent tax refund applications.  
  • Hashwah & Ors v Qatar National Bank (QPSC) & Ors [2023] 2 WLR 815 (Comm): acting for Qatar National Bank in proceedings relating to alleged terrorist financing in Syria.
  • Vale SA v Steinmetz [2021] 2 Lloyd’s Rep 601 (EWCA): acting for Vale SA in substantial civil fraud proceedings arising out an M&A transaction in the mining industry.
  • Simon v Taché [2022] QB 917 (Comm): acting for the defendant art advisors in a claim based on allegedly negligent advice and secret profits.
  • NZX Ltd v Rale Commodities Pty Ltd [2015] NZHC 241: acting for the plaintiff in proceedings regarding breach of warranty in the acquisition of a business.
  • Phil & Teds Most Excellent Buggy Company Ltd v Out’N’About ATP Ltd [2016] NZHC 71: acting for the defendant in a dispute arising out of a distributorship agreement.


James has also acted or advised in proceedings relating to:

  • Shareholder, joint venture and private equity disputes
  • Commercial contracts, including breach of warranty and misrepresentation claims and in disputes over cancellation/rescission
  • Fair Trading Act and consumer issues
  • Finance agreements and guarantees
  • Professional negligence, including claims against auditors, financial service providers, engineers, sub-contractors, and art advisors
  • Civil fraud including claims such as deceit and conspiracy
  • Equitable claims arising out of trusts, including claims for breach of fiduciary duty, dishonest assistance and knowing receipt
  • Restitution and unjust enrichment
  • Conflict of laws, including the enforcement of foreign judgments
  • Competition and regulatory matters
  • Insolvency and bankruptcy

Documents

Cases in which James has acted include:

  • Philipp v Barclays Bank UK Plc [2023] UKSC 25: acting for the trade body representing the UK banking and finance industry, which intervened in this UK Supreme Court appeal concerning the duties owed by banks in the context of fraudulently induced payment instructions.  
  • General Dynamics United Kingdom Ltd v Libya [2021] UKSC 22: acting for the plaintiff in proceedings to enforce a commercial arbitration award against the State of Libya.
  • Skatteforvaltningen v Solo Capital Partners LLP (in administration) & Ors: acting for the Danish tax authority in proceedings, currently pending before the UK Supreme Court, seeking to recover more that £1 billion paid away in response to allegedly fraudulent tax refund applications.  
  • Hashwah & Ors v Qatar National Bank (QPSC) & Ors [2023] 2 WLR 815 (Comm): acting for Qatar National Bank in proceedings relating to alleged terrorist financing in Syria.
  • Vale SA v Steinmetz [2021] 2 Lloyd’s Rep 601 (EWCA): acting for Vale SA in substantial civil fraud proceedings arising out an M&A transaction in the mining industry.
  • Simon v Taché [2022] QB 917 (Comm): acting for the defendant art advisors in a claim based on allegedly negligent advice and secret profits.
  • NZX Ltd v Rale Commodities Pty Ltd [2015] NZHC 241: acting for the plaintiff in proceedings regarding breach of warranty in the acquisition of a business.
  • Phil & Teds Most Excellent Buggy Company Ltd v Out’N’About ATP Ltd [2016] NZHC 71: acting for the defendant in a dispute arising out of a distributorship agreement.


James has also acted or advised in proceedings relating to:

  • Shareholder, joint venture and private equity disputes
  • Commercial contracts, including breach of warranty and misrepresentation claims and in disputes over cancellation/rescission
  • Fair Trading Act and consumer issues
  • Finance agreements and guarantees
  • Professional negligence, including claims against auditors, financial service providers, engineers, sub-contractors, and art advisors
  • Civil fraud including claims such as deceit and conspiracy
  • Equitable claims arising out of trusts, including claims for breach of fiduciary duty, dishonest assistance and knowing receipt
  • Restitution and unjust enrichment
  • Conflict of laws, including the enforcement of foreign judgments
  • Competition and regulatory matters
  • Insolvency and bankruptcy

Publications and Seminars
  • “Monetary Remedies for Wrongful Foreign Proceedings” [2015] 1 Lloyd’s Maritime and Commercial Law Quarterly 9-13
  • “Common Intention and Rectification for Common Mistake” [2014] 1 Lloyd’s Maritime and Commercial Law Quarterly pp.48–75, cited with approval in FSHC Group Holdings Ltd v Glas Trust Corp Ltd [2019] EWCA Civ 1361
  • “Statutory Interpretation, Parliamentary Intention and the General Anti-Avoidance Rule” (2013) 3 New Zealand Universities Law Review 497-521
  • “Deceit in the Transvaal? The Case of Burrows v Rhodes and Jameson” [2013] Auckland University Law Review 99-119
  • Co-Editor-in-Chief, Auckland University Law Review 2012

Professional Activities
  • Barrister, Shortland Chambers (Auckland): 2023-present
  • Barrister, One Essex Court (London): 2016-present (overseas associate member from 2023)
  • Solicitor, Bell Gully (Auckland and Wellington): 2013-2015


Memberships: New Zealand Law Society, New Zealand Bar Association, Commercial Bar Association (UK)

Qualifications

BA/LLB (Hons), University of Auckland (Senior Scholar, first in year)

BCL, University of Oxford (Distinction, first in year)


Admitted as a Barrister and Solicitor (New Zealand): 2013

Admitted as a Solicitor (England and Wales, non-practising): 2015

Called to the Bar of England and Wales: 2015

Barrister Sole (New Zealand): 2023

James
Ruddell
jruddell@shortlandchambers.co.nz
+64 21 278 0087
+64 9 307 9826
Shortland Chambers