James Montado

Partner

Meet James's team

James is a Partner within the ISOLAS litigation team and is recognised by the leading legal directories for his work in complex civil litigation matters with an emphasis on insolvency, trusts, fraud and distributed ledger technology disputes.  His clients include large financial services entities, Banks, liquidators, administrators, regulatory bodies, law enforcement agencies and government departments. He regularly appears before the Supreme Court of Gibraltar and the Gibraltar Court of Appeal.

James’ practice also extends to non-contentious financial services matters where he regularly advises retail and investment Banks as well as other financial institutions on regulatory and contractual matters.

James leads the Firm’s Data Protection and Privacy team where his knowledge and experience on contentious matters assists clients when dealing with regulatory intervention and investigations.

James contentious practice encompasses a wide range of matters within the disputes context which typically have an international slant.  He has been involved in disputes across various sectors and industries with clients including financial services and other regulated entities, global gaming companies and multinational corporate entities.  Within this context James regularly advises on matters relating to jurisdiction, recognition and enforcement of foreign judgments, injunctive relief and other interim remedies and applications.

James has taken a leading role within the firm in advising clients on contentious matters and disputes arising as a result of the use of cryptocurrency/Distributed Ledger Technologies (DLT) and has represented various well-known global clients in disputes relating to regulatory matters, ICO’s (and other capital raising mechanisms) and fraud / asset tracing claims.

More recently, James has been instructed to act in two high-profile defamation claims brought against the Gibraltar Financial Services Commission.

James is recognised as one of the ‘go to’ lawyers within the jurisdiction for insolvency and Bankruptcy matters. He is regularly instructed to act for liquidators/ administrators in large multi-jurisdictional insolvencies of regulated entities. Within this context he acts for appointed officeholders advising on general aspects of insolvency law (including recognition of appointments and information gathering) as well as advising on potential claims against former directors, auditors and third parties.

He is also instructed to advise corporate entities on insolvency matters prior to the onset of insolvency including advising directors on their duties, responsibilities and potential liability as well as reviewable transactions. Within this context, James also advises on wider insolvency touchpoints which arise as a result of non-contentious corporate/commercial matters and transactions.

James has also advised foreign public bodies and compensation schemes in respect of Gibraltar insolvency law matters as well as advising officeholders on the application of foreign compensation scheme rules to Gibraltar insolvencies.

In 2018, James advised on Gibraltar’s first crypto/ DLT related insolvency on a wide range of matters including how to treat creditors whose claims were in various cryptocurrencies/tokens.

 

James is instructed by trustees and beneficiaries in a number of beneficiary disputes.

James also has an extensive practice in non-contentious financial services matters where he regularly advises banking and other financial institutions on regulatory and contractual matters. In addition, he is also instructed by public bodies in various non-contentious matters with an emphasis on GDPR compliance.

James has advised banking and e-money entities in relation to PSDII, MiFID, CRD, Consumer Credit and other technical regulations emanating from the EU and more recently how Brexit may impact clients’ ability to continue with established business lines due to the potential loss of ‘passporting’.

In addition to his Dispute Resolution work, James also has an extensive practice in non-contentious financial services matters where he regularly advises banking and other financial institutions on regulatory and contractual matters. In addition, he has also been instructed by Her Majesty’s Government of Gibraltar (HMGoG), and other public bodies in various non-contentious matters with an emphasis on Gibraltar GDPR and EU GDPR compliance. James has also advised private individuals and regulatory bodies on Information Rights law and defamation claims.

Accreditations

  • 'Very thorough lawyer who provides top advice to clients'

    Chambers Global 2021

  • 'Just gets everything right, first time, every time'

    Legal 500 2021

  • ' A highly experienced and skilful litigator across a wide range of fields. Very highly recommended for his excellent judgement and common sense.’

    Legal 500 2021

  • ‘He is tactically astute, sees all the angles and is a joy to work with.’

    Chambers Global 2020

  • “A brilliant, very savy lawyer”

    Chambers Europe 2019

Notable cases

Notable Cases

  • Re Prometheus Insurance Company (in Administration) [2021] – Acting for the Administrator of a large insurance company with directions that various creditors meetings and procedures could be conducted via electronic means through the application of English Insolvency Rules.
  • Re Seagrace Trust [2020]acted for the trustee in a high value dispute concerning the existence and beneficial interest in an offshore trust.
  • Re:LAMP Insurance (in Liquidation) [2019] – Acting for the Official Receiver who, for the first time, was appointed as Liquidator of a regulated entity due to the extent of the financial collapse of the company.

 

  • Cruz –v- FSC & Ors[2019]- acting for the Financial Services Commission on a high-profile m defamation case brought in connection with the failure of Enterprise Insurance.
  • Re:Media Protocol [2018] – acting for the liquidator in Gibraltar’s first cryptocurrency insolvency.
  • Lavarello & Hyde –v- Jyske Bank[2018] – acted for the defendant bank at first instance and on appeal in a multimillion dishonest assistance/knowing receipt claim.
  • Emerald Bay –v- Bwin.Party Digital Entertainment[2017] –acted for one of the largest global gaming operators in an appeal concerning an anti-suit injunction.

 

  • Melvin –v- Roache & Anor[2017] – instructed by the defendants in a multi-million unfair prejudice petition.
  • Hill Insurance Company (in Liquidation) –v- KPMG[2016] – acting for the liquidator in a claim concerning the alleged negligent auditing of an insurance company. 
  • Re:Lemma Europe Insurance Company (in Liquidation): – Collapse of a multi-jurisdictional insurance company.
  • Chevron -v- Amazonia & Ors [2015]: –acted as Junior Counsel in a multi-billion-dollar fraud claim, with established business lines due to the potential loss of ‘passporting’.

Memberships & Background

Memberships

  • The Honourable Society of Gray’s Inn
  • The Gibraltar Bar Council

Background

2019: Partner, ISOLAS
2016: Senior Associate, ISOLAS
2011: Associate, ISOLAS
2011: Called to the Bar of England and Wales
2011: Called to the Gibraltar Bar
2011: Bar Professional Training Course (BPTC), College of Law (Bloomsbury)
2010: LL.B – King’s College London
2007: Gibraltar Government Scholar

 

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