James Malam

Call 2002

Malam@exchangechambers.co.uk

"He has a keen eye for the key issues of a case."

The Legal 500 2018/19
Photo of James Malam

Insolvency

James’ practice covers a wide range of both personal and corporate insolvency matters.

Prior to joining chambers, James worked at Fishburns Solicitors. Having experience of life as an advocate and working for a firm of solicitors, James has a thorough grasp of the commercial realities of any case. This enables him to give considered, calm counsel. He is also able to get to the very essence of the matter rapidly and plot an intelligent, cost effective course of action for his clients.

Insolvency Cases

Cases of particular interest include:

Acting for the former supervisor of an IVA successfully resisting an appeal and an application to the Court of Appeal for a second appeal in an application to annul a bankruptcy arising from the IVA.

Representing an alleged creditor on a liquidator’s application for directions whether or not to accept the creditor’s proof of debt seeking the return of a deposit from an abortive land purchase.

Acting for the alleged debtor at first instance and on appeal seeking to set aside a statutory demand for c.£800k. Gave rise to questions of whether the guarantee demanded on was truly such or was in fact an indemnity, and the effect on the surety’s liability of the principal’s creditor agreeing to extend the principal’s time for payment.

Representing a creditor in a claim against the Administrators of the Ethel Austin business. Complex retention of title claim involving a number of different suppliers and recipients. Claim for circa £200k.

Representing a bankrupt at first instance and on appeal in resisting the Trustee’s claim to after acquired property which the bankrupt alleged was subject to a Quistclose purpose trust. Successfully sought permission for a second appeal to the Court of Appeal, after which the matter settled.