James Francisco Atton

About

James Atton is the Joint Managing Partner at Mackrell LLP and the Head of the firm’s Litigation and Dispute Resolution Team. With nearly two decades of experience acting in proceedings in the High Court of England and Wales, the Court of Appeal, the Supreme Court, the Court of Justice of the European Union and various offshore jurisdictions, James is an experienced commercial litigation specialist.

Before joining Mackrell LLP, James held holding legal roles with the European Commission and firms across Europe. He represents both individual and corporate claimants and defendants facing complex, multi-jurisdictional disputes.

James is a Senior Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society whose Fellows are selected based on effectiveness and accomplishment in litigation and trial work.

Areas of expertise

• Art claims: Acting in art disputes, usually involving cross-border issues.
• Business and commercial litigation: Specialising in complex breach of contract claims, shareholder disputes, joint ventures, director/shareholder conflicts, and breaches of fiduciary duty.
• Cross-border enforcement: Enforcing UK judgments in foreign jurisdictions and securing the recognition and enforcement of foreign judgments within the UK.
• Civil fraud and asset recovery: Extensive experience in tracing assets, claims involving Ponzi and advance-fee schemes, money laundering claims, and obtaining worldwide freezing injunctions or defending clients against restraint and recovery orders.
• International arbitration: Serving as an Arbitration Team Leader within the firm’s International Arbitration team, managing complex disputes under rules including those of the LCIA, ICC, and ICSID.
• Regulatory and compliance: Defending and advising clients on Financial Conduct Authority (FCA) investigations, sanctions compliance, and statutory regulatory actions.
• Travel and tourism: Using his fluency in Spanish to run a specialised practice representing tour operators and European and Caribbean insurers, hotels and resorts in foreign accident and personal injury claims.

Recent work

Fraud, asset recovery and cross-border enforcement:

• Alsaady v Hamadani & Ors [2025] EWHC 1801 (Ch) – Successfully acted for all the defendants in high-value proceedings involving approximately $30 million, concerning partnership, bailment and related claims involving valuable art and other items. Following the determination of the English proceedings, the defendants obtained an Iraqi anti-suit injunction.
• GLAS SAS (London Branch) v European Topsoho SARL & Ors [2024] EWHC 83 (Comm) – Acting a defendant in Commercial Court proceedings arising from the default of €250 million secured exchangeable bonds and involving shares in SMCP S.A., a French fashion group.
• Lenkor Energy Trading DMCC v Puri [2021] EWCA Civ 770 – Successfully represented Lenkor in Court of Appeal proceedings concerning the enforcement in England of a Dubai judgment. The decision subsequently featured in UAE Ministry of Justice guidance which acknowledged reciprocity in the enforcement of English and UAE judgments.
• Sevilleja v Marex Financial Ltd [2020] UKSC 31 – Acted for Mr Sevilleja in Supreme Court proceedings concerning the scope of the rule against reflective loss. The judgment significantly clarified and restricted the application of that rule, particularly in relation to claims brought by creditors.
• East-West Logistics LLP v Melars Group Ltd [2020] EWHC 2090 (Ch); [2022] EWCA Civ 1419 – Represented Melars Group Ltd at first instance in cross-border insolvency proceedings concerning the determination of a company’s centre of main interests (COMI). The proceedings subsequently reached the Court of Appeal, which considered the statutory presumption that a company’s COMI is at the place of its registered office and the requirement that COMI be ascertainable by third parties.
• Millicom Tanzania NV v Golden Globe International Services Ltd and another, BVIHCMAP2016/0036 (Eastern Caribbean Supreme Court, Court of Appeal, 10 May 2017) – Represented Golden Globe in cross-border proceedings concerning forum non conveniens and allegations of a risk of injustice in Tanzania. The Court of Appeal considered the evidential threshold required to establish a real risk of injustice in a foreign jurisdiction.

Crypto and finance disputes

• Wang v Darby [2021] EWHC 3054 (Comm) – Acted for the defendant in Commercial Court proceedings concerning the legal characterisation of cryptocurrency transactions and whether trust or fiduciary obligations arose in relation to Bitcoin and Tezos exchanged between the parties.
• Ikon International (HK) Holdings Public Co Ltd v Ikon Finance Ltd & Ors [2015] EWHC 3088 (Comm) – Secured an £11 million Commercial Court worldwide freezing order (WFO) in proceedings involving international arbitration.

Gambling sector litigation

• Terry Allan v Ladbrokes Coral Group Limited – Acted in High Court proceedings concerning a claim for the recovery of more than £3 million in betting stakes allegedly placed from Spain, raising issues concerning cross-border gambling and operator licensing.
• Dhir v Flutter Entertainment Plc [2021] EWHC 1510 (QB) – Acted for the claimant in High Court proceedings seeking to recover funds which had been advanced to a business associate and subsequently used to fund gambling with Paddy Power. The case considered issues including trusts and fiduciary obligations under English and Arabic law, tracing, knowing or unconscionable receipt and unjust enrichment.

Travel and tourism

• Wood & Anor v TUI Travel Plc (t/a First Choice) [2017] EWCA Civ 11 – Acted for TUI at trial and in Court of Appeal proceedings concerning liability for illness arising from allegedly contaminated food and drink supplied as part of an all-inclusive package holiday. The Court considered the application of the Supply of Goods and Services Act 1982 to the provision of food and drink under the package holiday contract.
• Hoteles Piñero Canarias SL v Keefe [2015] EWCA Civ 598; C-491/17 – Acted for the Spanish hotel in proceedings concerning jurisdiction under the Brussels I Regulation. The proceedings subsequently reached the Supreme Court, which made a reference to the Court of Justice of the European Union (Case C-491/17).

Professional experience

• Joint Managing Partner & Head of Litigation | Mackrell LLP (London, UK)
• Prior Legal Roles: Mullerat (Barcelona, Spain), European Commission, Wardynski & Partners (Warsaw, Poland)

Professional admissions and certifications

• Solicitor of the Senior Courts of England and Wales (Admitted November 2007)
• Senior Fellow | Litigation Counsel of America (LCA)