James Hamerton-Stove

Commercial disputes, finance, securities, mortgages & receivership

James is particularly sought after in this area. His work includes:

• Lenders’ / receivers’ powers, agency.
• Validity of receivers’ appointments.
• Impugned contract terms: penalties, unfair relationships.
• Regulatory disputes under FSMA 2000 / RAO 2001.
• Secret / half-secret commissions.
• Vitiating factors: undue influence, misrepresentation, duress, non est factum.
• HMLR indemnities in case of mistake.
• Tender / equity of redemption / right to redeem.
• Guarantees and joint borrowers.
• Brocklesby principle.
• Applications for further time to repay secured debts.
• Applications for orders for sale under s91 LPA 1925.
• Injunctions to restrain the sale of mortgaged property.
• Breathing space and other moratoria.
• Advising receivers and lenders on debt recovery strategies.
• Advising borrowers on debt mitigation strategies.
• Sales at undervalue.
• Subrogation.
• Securitisation.
• FCA Handbook disputes.
• Charging orders.
• Associated insolvency work.

Notable cases

• Finebrick Limited v HNW Lending Ltd, Gee and Richardson (as fixed charge receivers) (2025, EWHC (Mellor J)): Interim injunction based on an incorrectly registered charge.
• Bridge Invest Ltd v Ayoub-Bey (2025, CC): Whether, for the purposes of Art.60C(6) RAO 2001, a lender knew or had reasonable cause to suspect that a business loan was made for non-business purposes.
• Melhado v Risehart Limited (2025, CC): Whether / to what extent an interim injunction against a lender restrained acts by a receiver.
• Fisher v Bank of Scotland, BOS (Shared Appreciation Mortgages) No.6 (2024): Challenge to a Shared Appreciation Mortgage under s140 CCA 1974.
• IT Skills Learning Centre Limited v Lowry Capital Limited (2024, CC): Penal interest clauses: whether an interest rate term applicable post-expiry was a penalty if expressed to be a primary obligation waived for due performance.
• Carrasco v Topaz Finance Limited (t/a Jasper Mortgages), Joy and Jones (as fixed charge receivers) (2024, EWHC (Mellor J)): Interim injunction based on conditional tender.
• TSB (t/a Whistletree) v Curnuck (2024, CC): Interest rate dispute arising out of a transferred Northern Rock mortgage: application of Breeze v TSB Bank plc [2024] EWHC 2427 (Ch).
• Unilux Homes Limited v Kisby and Liddiment (as fixed charge receivers), Lendinvest Security Trustees Limited (2023, EWHC (Meade J; Richard Smith J)): Interim injunction. Impact of a contract for sale of mortgaged property on a borrower’s equity of redemption; whether any difference between sale by receivers / lender for these purposes.
• McLennan, Valente v Gee and Richardson (as fixed charge receivers) (2023, EWHC (Mellor J)): Wholesale challenge to possession order after enforcement.
• NCA (by its Trustee) v Katung (2023, CC); [2025] EWHC 1401 (KB): Relief from forfeiture of the benefit of a contract for sale after expiry of a notice to complete. James acted before and after permission was granted by the Court of Appeal; thereafter remitted to HC by consent.

Qualifications

BA (Philosophy and Modern Languages): Magdalen College, University of Oxford

GDL: Oxford Institute of Legal Practice

BPTC: City Law School

Memberships

• Chancery Bar Association
• Financial Services Lawyers Association

Languages

• Spanish
• French
• Russian (basic)

Awards

• Queen Mother Scholarship (Middle Temple)
• Harmsworth Entrance Exhibition (Middle Temple)
• Bar Council Law Reform Essay Competition: Runner Up (GDL, 2009)

Testimonials

• “James all day long please – he is exceptional” – Receiver
• “I have instructed James on several occasions and his advice and performance have never been short of meticulous. I would recommend him without hesitation” – Solicitor
• “Just the absolute best” – Solicitor
• “Spot on as always” – Solicitor
• “The client was very pleased with the result” – Solicitor