"James provided sound commercial advice resulting in a good settlement for us. I was confident he was always fighting our corner to get to the best possible result."
(Managing Director, Commercial Client )
James specialises in commercial dispute resolution and is dedicated to resolving complex disputes as swiftly as possible for his clients in the most cost-effective manner. James has a particular interest in digital media/cybercrime and advising on the recovery and protection of confidential information.
James has over nine years’ experience in dispute resolution, stemming from a wide range of commercial activity. These include civil fraud and injunctions, complex commercial contract disputes, shareholder disputes, insurance and re-insurance disputes and professional negligence. James acts for a variety of clients including international PLCs, companies, local government and individuals. He also has nine months experience working in-house for a key client.
An injunction is a court order either compelling a party to take specified action or restraining them from undertaking certain activities. James has experience obtaining freezing orders (preventing a party from dissipating assets) and search orders (allowing the claimant to search and seize evidence relevant to legal proceedings).
He also has experience of prohibitory injunctions (preventing loss or damage usually to safeguard a business or personal interest) and injunctions for specific performance (an order requiring a party to perform a specific act).
James also has knowledge of enforcing restrictive covenants, preventing breach of contract, committal proceedings stemming from the breach of an injunction and obtaining extended civil restraint orders.
- Acted on behalf of a private equity company in relation to the breach of numerous warranty and indemnity claims under an SPA. The claim settled shortly after mediation and once proceedings had been issued.
- Acted on behalf of an insurance company in relation to a failed joint venture and subsequent issues of non-compliance. Through undertakings and an independent audit, the dispute was resolved without the need to issue Court proceedings.
- Acted for an insurance company against an underwriter in relation to non payment under a binding authority agreement. The dispute was settled at mediation.
- Acted for a logistics company in relation to a breach of contract / agency dispute.
- Advising an international plc on the transfer of personal data from the EU/EEA to third countries, as well as the implementation of environmental EU Directives.
- Acted for a property development company in relation to the theft of company data; unlawful commissions, allegations of fraud and passing off and trademark infringement.
- Assisting insolvency practitioners with various claims, including preferences and transfers at an undervalue.
- Pursued a supplier for theft, passing off, trademark infringement and conversion; successfully obtaining an interim prohibitory injunction on notice as well as an ex-parte search order. This led to committal proceedings, resulting in a jail sentence for the company directors.
- Obtained an interim mandatory injunction against three company directors to comply with the terms of their employment contracts, following evidence of unlawful activity. He subsequently obtained an on notice search order to deliver up the customer database and computers.
- Obtained a contempt of Court order against three defendants for breaching the terms of a prohibitory injunction successfully obtaining extended suspended sentences.
- Obtained an extended civil restraint order against a vexatious litigant. This prohibited the individual from issuing further proceedings concerning any matters relating to the pre-existing proceedings.
IT & Data
James specialises in technology and digital media disputes. This includes software development and licensing disputes, misuse of confidential information, infringement of copyright and database rights, through to the removal of incorrect and irrelevant information from the internet/news providers’ websites relying on the “right to be forgotten”.
- Representing a sports travel company in relation to a distressed IT project.
- Assisting a local council in relation to the early termination of a software implementation contract.
- Acting on behalf of an international resource company in connection with a multi million pound damages claim, arising from the theft of company data and infringement of database rights.
- Pursuing numerous claims under the Court of Justice of the European Union ruling (C-131 12) known as the “Right to be forgotten” against internet service providers as well as numerous newspapers and online blogs.
- Successfully obtained the removal of defamatory content from anonymous authors from websites under the Defamation (Website Controller) Regulations 2013.
“Freeths LLP is more than a trusted advisor to A. O. Smith; James Gorman and the team are true business partners. Providing quick and pragmatic legal counsel with unwavering ethics, Freeths serves as my go-to European “outside in-house advisor”. I turn to Freeths for excellent work product and unparalleled client service.”(Anza D’Antonio, Assistant General Counsel, A.O. Smith Corporation)
“James provided sound commercial advice resulting in a good settlement for us. I was confident he was always fighting our corner to get to the best possible result.”(Managing Director, Commercial Client)
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