James Penn

James Penn
Senior Consultant

DISPUTE RESOLUTION

LONDON

T: +44 20 7814 8000
D: +44 20 7814 8064
M: +44 7775 857562

Summary Open

James Penn joined Watson Farley & Williams in 1991, became a Partner in 2003 and from August 2016 is a Consultant to the firm. He specialises in commercial, banking and property disputes.

Experience Open

    James’ experience includes:
    • Day v Tiuta International Ltd & Anr: successfully acting for the respondent in significant Court of Appeal proceedings concerning the enforcement of a mortgage and the operation of the doctrine of equitable subrogation.
    • Opus Property Finance v Vantreen: successful appeal against an order setting aside a statutory demand on the basis that the debt was a penalty and liable to be varied under the Consumer Credit Act.
    • Acting for the successful lender in Parr v Tiuta International Ltd, a case concerning an application for the discharge of a charging order.
    • North Principal Investments Fund Ltd v Greenoak Renewable Energy Ltd: successfully defending a multi-million euro dispute over rights to own and develop a wind farm off the German/Danish coast following a 21 day trial in the Chancery Division.
    • Advising on and litigating in connection with commercial contracts.
    • Acted for the successful bank defendant and appellant in Ferrotex Industrial Limited & Arr v Banque Francaise de l’Orient (a case relating to the alleged conversion of bills of lading which went to appeal on the question of whether the claimants’ time for providing security for the bank’s costs should be extended following unless orders).
    • Acted for the successful defendant in Marchmont Investments Ltd v BFO SA where a claimant, whose claim failed at trial, sought permission from the Court of Appeal to adduce further evidence.
    • Acted for the successful defendant in Ocarina Marine Limited & Ors v Marcard Stein & Co both at first instance (before Mr Justice Colman) and in the Court of Appeal.
    • Extensive experience in all aspects of landlord and tenant law, including contested Part II Landlord & Tenant Act renewals, claims for dilapidations and advising on break clauses.
    • Over 30 years’ experience in real property enforcements, including mortgage possession actions (such as acting for the successful claimant in the leading case of Stockholm Finance Ltd v Garden Holdings Inc & Ors), and enforcement of judgments obtained against individuals by means of a charging order over real property assets held in the name of offshore companies (including acting for the successful claimant in the leading case of United Overseas Bank Ltd v Iwuanyanwu).
    • Dealing with general contractual disputes concerning real property, for example, acting for the successful claimant in one of the leading cases on overage, Bride Hall Estates Ltd & Anr v St George North London Limited.
    • Acted for a major utility company on a claim brought against contractors for damage caused to a public sewer by the discharge of concrete and concrete residue from a building site.
    • Advising on and litigating in connection with banking matters, including claims made by or against banks. Acted for the successful defendant in Bank of Credit Commerce International SA v Bugshan & Ors (a claim relating to whether a settlement had been reached by virtue of two letters passing between solicitors (not ourselves) and which went to the Court of Appeal).

Membership of Professional Societies Open

  • Law Society of England & Wales
  • Property Litigation Association

Employment Record Open

  • 2003 – present: Watson Farley & Williams, Partner
  • 1991 – 2003: Watson Farley & Williams, Associate
  • 1977 – 1991: Carter Faber, Associate and then Partner

Publications Open

View all Our Brochures

View all Our Briefings