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JAMES McCLELLAND
PUBLIC & REGULATORY LAW CV
Call
2004
Appointments
Treasury Counsel to the Crown (B Panel: 2012 to date) (C Panel: 2009-2012)
Contact details
jm@fountaincourt.co.uk
Fountain Court Chambers, Temple, EC4Y 9DH
0207 583 3335 (clerk, Sian Huckett); 0207 842 3793 (direct dial)
PRACTICE PROFILE
James has a civil and commercial practice with a particular focus on judicial review, public and
regulatory law. His public law practice is extensive, covering matters as diverse as extradition,
international sanctions, tax, financial and legal regulation, civil justice reform and higher education
funding1. James is one of the Attorney General’s Counsel to the Crown (B panel).
In 2011 James was named by Legal Week as one of ten “Stars at the Bar”. James is also profiled
in one or both of the Chambers & Partners and Legal 500 directories as a “leader in the field” in
five practice areas: (1) Administrative & Public law, (2) Financial Services Regulation, (3)
Professional Discipline, (4) Banking & Finance, and (5).
Between 2011-2013 James was a tutor and later college lecturer in public and administrative law
(including human rights) at Oxford University, teaching the full undergraduate syllabus (James
undertook his teaching commitments alongside full-time practice).
James is a co-founder and Executive Committee member of YPLG (the Young Public Law
Lawyers’ Group). He is also a member of ARDL (the Association of Regulatory and Disciplinary
Lawyers); has contributed to their quarterly bulletin, and recently appeared in their panel debate on
proposed regulatory reforms.
Current or recent comments concerning James in Chambers & Partners, Legal 500 and Legal Week
are as follows:
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Terrifyingly intelligent (Legal 500), Phenomenally bright (Chambers)
Prodigiously intelligent and brilliant at the paperwork (Chambers)
My favourite junior for public law matters with a commercial flavour (Chambers)
Highly regarded by interviewees for his calm and assured advocacy style (Chambers)
Full details of James’ practice (including his commercial, banking and fraud practice) are available online at:
http://www.fountaincourt.co.uk/people/james-mcclelland
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Cerebral but confident and cheerful (Legal Week), a delight to work with (Chambers)
He has wisdom beyond his years of call (Chambers)
Solicitors say [his] submissions are pertinent, succinct, clear and coherently made, with crisp
answers to judicial questions delivered in an astonishingly engaging manner (Legal Week)
Well regarded by peers and regulators alike (Chambers)
He is highly intelligent, responsive and alert to regulators' needs (Chambers)
Incredibly mature for his age and his call (Chambers), takes a very common-sense approach
and remains focused on the goal, not the process (Legal Week)
An excellent litigator, whose energy and intelligence is exceptional (Legal 500)
He is extraordinarily bright, and combines this with a great deal of user-friendliness and a calm
manner (Chambers)
A junior who is gaining a reputation for obtaining instructions in some of the standout cases in
the [financial regulatory] sector (Chambers)
A rising star, who is exceedingly intelligent, hardworking and user friendly (Legal 500)
Celebrated for his intelligence and determination (Chambers)
Stands out for his ability to place himself in the shoes of the client and apply detailed legal
analysis to the practical issues (Legal 500)
Has an exceptional work ethic and is good at getting to the heart of the issue (Chambers)
His knowledge of detail and his precision are second to none. He never misses a trick and
always considers things from every angle (Chambers)
SUMMARY OF PRACTICE
Public law
James’s public law practice involves advising and acting for public bodies, claimants and interested
parties in an extremely wide variety of disputes. Many of James’ cases concern errors of law, vires,
and disputed principles of both EU and ECHR law. The following are examples of James’ practice:
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R (OJSC Rosneft Oil Co) v HMT, FCA & Aor [2015] EWHC 248 (Admin): acting for the FCA
in the “Russian sanctions” challenge brought by Rosneft against the FCA and HMT (now the
subject of a reference to the CJEU).
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R (Bluefin Insurance Services Ltd) v FOS [2014] EWHC 3413 (Admin): acting for an insurance
broker in a test-case concerning the jurisdiction of the FOS to make awards in respect of D&O
policies.
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R (Whitston) v SSte for Justice [2014] EWHC 3044 (Admin): acting for the ABI in a JR
challenge concerning changes to the funding regime for mesothelioma claims.
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R (Association of Personal Injury Lawyers) v Secretary of State for Justice [2013] EWHC 1358
(Admin): acting for the ABI in a JR challenge to the Government’s decision to cut recoverable
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costs in RTA claims (the judgment now paves the way for reforms to remove £1 million per day
out of the motor insurance system).
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United States of America v Wood [2013] EWHC 1971 (Admin): Acting for the Home Secretary
in a procedural/jurisdictional challenge to the extradition of an alleged wire fraudster to the
USA.
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Advising a major quasi-governmental body: advising on a “root-and-branch” re-organisation of
its decision-making structures to make them “judicial review proof” (viz. compliant with
procedural fairness).
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McNulty v HMRC [2012] UKUT 174 (TCC): acting for HMRC in an Upper Tribunal appeal as
to whether the vesting of tax appeal rights in bankruptcy was compatible with A1P1, Art 6 and
Art. 8 ECHR.
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Adams v Law Society [2012] EWHC 980 (QB): acting for the SRA resisting claims for
misfeasance in public office and a declaration of incompatibility under the HRA 1998 relating
to the SRA’s statutory powers to intervene into solicitors’ practices.
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R (BBA) v FSA [2011] EWHC 999 (Admin): acting for the FSA (now FCA) in the PPI JR,
defending decisions which have had multi-billion pound consequences for industry.
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Acting for a commercial regulator: resisting >50 linked pre-action JR challenges concerning
decisions affecting an entire industry sector.
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Cooper v Attorney General [2009] J.P.L. 619: acting for the claimant against the Attorney
General in the first damages claim ever brought against the UK for alleged infringements of EC
law by a domestic Court (reported as “ground-breaking” in Chambers & Partners).
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Confidential statutory appeal: acting for the governing body of a school in a statutory appeal
concerning the permanent of an exclusion of a child (the child’s “celebrity” parents elected to
tender evidence and were cross-examined by James).
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R (Queen Mary, University of London) v Higher Education Funding Council [2008] EWHC
1472 (Admin): acting for a university in a JR challenge to funding decisions by the Higher
Education Funding Council (resulting in the quashing of those decisions).
Financial regulatory
James acts both for and against regulators and advises on financial regulatory issues including
FSMA matters generally; the powers and competencies of the FCA, the FOS and the FSCS; the
Financial Services Handbook (in particular COBS, ICOBs, DISP, PRIN); collective investment
schemes, and the territorial application of the FSMA regime. Past cases include the following:
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NRAM plc v McAdam [2014] EWHC 4174 (Comm) (currently on appeal): acting against NRAM
(formerly Northern Rock Plc) in the >£250m test case concerning whether lenders can “contract
into” the CCA in loans exceeding the statutory threshold.
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Acting for a major offshore bank: in a dispute concerning the territorial application of FSMA.
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FSCS exceptional fund management levy: advising the FSCS concerning its statutory powers
and discretion when raising a >£300 million exceptional levy from the fund management
industry under FEES.
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Acting for an offshore investment firm: in a dispute concerning the cross-border regulation of
collective investment schemes.
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R (BBA) v FSA [2011] EWHC 999 (Admin): acting for the FCA (then FSA) against the British
Bankers Association in the PPI judicial review (a decision with multi-billion pound
consequences).
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Argentum Lex Wealth Management v Giannotti [2011] EWCA Civ 1341: appearing against the
FCA (as sole counsel) in a Court of Appeal hearing concerning the effect of pro forma
arrangements for the transfer of regulatory liabilities.
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Bank Overdraft Charges: acting for Halifax/Bank of Scotland against the OFT in the “Bank
Overdraft Charges” test proceedings (a decision with multi-billion pound consequences).
Legal regulatory
James regularly advises and acts for both regulators and natural and legal persons concerning the
obligations of legal service providers and the statutory powers and public law duties of the SRA.
He has acted in numerous judicial review proceedings and statutory appeals involving the SRA and
appeared successfully (as sole counsel) for the SRA in a Court of Appeal appeal concerning
whether contracts formed in breach of regulatory obligations could be enforced by their nonregulated counter-parties (James’ opponent was a leading QC): Westlaw v Boddy [2010] EWCA
Civ 929.
James also appears regularly (as sole counsel) in disciplinary prosecutions, including those
concerned with dishonesty, the misappropriation of client funds, and a wide variety of other serious
misconduct. James acted for the SRA (led by Timothy Dutton QC) in the widely publicised
prosecutions for alleged solicitor misconduct in connection with the Coal Miners’ Compensation
Scheme (collectively the largest enquiry ever undertaken into misconduct within the legal
profession); he appeared in four separate prosecutions, including both of the headline cases of
Raleys and Beresfords, the latter of which resulted in findings of dishonesty and was reported in
the national press as a “landmark hearing” (The Times): Beresford v Law Society [2009] EWHC
3155 (Admin).
EDUCATION
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2012 -2013: Lecturer in Public and Administrative law, Keble College, Oxford University
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2011-12: Tutor in Public and Administrative law, St Hugh’s College, Oxford University
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MA, Cambridge University (Eng. Lit) – Starred Double First (including top First in the
University)
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CPE, City University – Distinction, second highest in the University
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BCL, Oxford University – Distinction
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BVC, Inns of Court School of Law – Outstanding
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Eldon Scholarship (for the most promising graduate of Oxford University commencing practice
at the Bar)
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Barnett Bequest Award (for an outstanding student of the BCL) (Merton College)
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Buchanan Prize (for outstanding performance on the Bar Vocational Course) (Lincoln’s Inn)
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Eastham Scholarship (Lincoln’s Inn)
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Mansfield Scholarship (Lincoln’s Inn)
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Bowen Scholarship (Lincoln’s Inn)
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Hardwicke Entrance Award (Lincoln’s Inn)
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Maitland Chambers Advocacy Competition (First Prize)
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European Law Mooting Competition (Second Place, European Regional Finals held in the
Supreme Court of Lithuania, both oral and written submissions made in French)
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Rylands Prize (for top First in English) (Cambridge)
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Heineman Prize (for outstanding work on Shakespeare) (Cambridge)
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Matthew Wren Senior Scholarship (Peterhouse)
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College Exhibition (Peterhouse)
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Friends of Peterhouse Prize for English
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