James Tumbridge

James advises on a wide range of commercial and intellectual property disputes. Known for expertise on entitlement and privilege, his dispute work has included contract repudiation, guarantees, and search, seizure & freezing orders. 

• Advised on a High Court determination of emergency injunction concerning trade marks in financial services, whether registered marks are confusing, and the meaning of retail use in finance within Class 36. JLG Group & Ors v MTL Financial June 2020. 
• Provided expert opinion on English law to construe jurisdiction in light of an arbitration provision. Emirates NBD Bank (PJSC) v Ronald A. Chisholm Limited, Ontario Superior Court [2019] unreported. 
• Advised in a UK Supreme Court case on the extent of legal advice privilege that may be claimed by non-lawyers, representing the IP profession.
  R (on application of Prudential plc and anor) v Special Commissioner of Income Tax [2013] UKSC. 
• Advised on the construction of contracts in relation to a Special Investment Vehicle. Bank of New York v Montana [2008] EWHC 1594 (Ch). 
• Advised on a dispute concerning an aircraft finance and lease-back agreement, considering the analogous nature of leases and mortgages. The Court of Appeal confirmed that the claimant could not change their case based on a skeleton argument in the absence of first amending its pleadings. Credit Suisse v Arabian Aircraft & Equipment Leasing Co [2013] EWCA Civ 1169 on appeal from EC (2013) – LTL QBD (Comm) (Judge Mackie QC) 24/04/2013 2013 EWHC 1094 (comm). 

James advises governments and senior politicians on intellectual property, data protection, law reform, election law, legislative and policy developments, and regulatory challenges. 

• R (Mandarin) v Secretary of Sate FCDO [2026] EWHC 529 (Admin) – Judicial Review seeking order for consultation of the Chagossian People on the future of the British Indian Ocean Territory (Chagos Archipelago).
• R (Mandarin) v Commissioner of BIOT 2026 – Acting as lead lawyer on urgent injunctions and judicial review relating to the dispossessed Chagossian People before the British Indian Ocean Territory Supreme Court, and acting as Attorney General to their Government.
• Advised UK Government departments in matters of data protection and freedom of information enquiries. 
• Advised senior politicians in the UK and Canada. 
• Determination of court’s powers to address internal unincorporated association party political disputes under a party constitution. Barnett v Walker & Ors [2020] EWHC 1538 (QB). 
• Advised on a Court of Appeal review of the Electoral Commission’s powers to publish reports not mandated under statute. Vote Leave v Electoral Commission [2019] EWCA Civ 1938. 
• Advised on a judicial review of questions of election law and the meaning of an incurred expense and donations in relation to the EU referendum. Additional ancillary proceedings in regard to cost capping orders. Good Law Project v Electoral Commission [2018] EWHC 2414 (Admin), [2018] EWHC 602 (Admin) & [2018] EWHC 2553 (Admin). 
• Advised on a copyright claim concerning seismic data and licences for exploration. GSI v Falkland Islands Government – SC/CIV/05/14 Supreme Court. 
• Advised on personal data compliance and the limits of jurisdiction where data is beyond the seas under control of a sister company. Metropolitan Police v Smith, Blockchain Limited & Oths 2016 (unreported, Old Bailey). 

James advises on complex legal issues involving legal advice privilege, party political disputes, court order construction, trustee rights, and the consequences of bankruptcy on intellectual property. 

• Advised in a UK Supreme Court case on the extent of legal advice privilege that may be claimed by non-lawyers, representing the IP profession. R (on application of Prudential plc and anor) v Special Commissioner of Income Tax [2013] UKSC. 
• Determination of court’s powers to address internal unincorporated association party political disputes under a party constitution. Barnett v Walker & Ors [2020] EWHC 1538 (QB). 
• Advised on the construction of a court order and the right of a party to change their behaviours after a passage of time concerning trade marks. Arsenal FC v Reed [2014] EWHC 781 (Ch). 
• Advised on the trustee’s rights of recovery in a bankruptcy to deal with arrangements and transactions with third parties. Pickford v Dawson & Others [2017] EWHC 2556 (Ch). 

James advises tech companies on software, crypto and blockchain issues, and intellectual property rights, especially concerning patents. He also advises on emerging technologies including AI. 

• Part of the team advising Dr Thaler against the UK Patent Comptroller concerning AI patenting questions. Claim № Ch-2024-000239 – Part of the global DABUS litigation considering whether an AI system can be an inventor and obtain a patent. 
• Working with Prof Abbott on the cases concerning DABUS 2024-26 Thaler v Comptroller-General of Patents [2023] UKSC 49, re the Patents Act 1977 and requirements of a human inventor to be named in a patent application. 
• Acted as counsel and supervising lawyer in Throughputer v Microsoft, the English High court case 2025 (linked to a US action) concerning patent validity and infringement relating to hardware and software use by Microsoft concerning field programmable gate array (“FPGA”) technology in its Azure project. 
• Appeared in the Court of Appeal’s first interpretation of the doctrine equivalence post the Actavis decision of the Supreme Court to determine infringement in favour of the appellant, also a decision concerning a patent validity challenge on the grounds of priority, raising questions of the role of what the skilled person is taken to know, including common general knowledge, in the determination of whether a claim is entitled to priority, as well as considering threats and the defence under section 70 of the Patent Act. Icescape v Ice-World International BV et al [2018] EWCA Civ 2219, [2017] EWHC 42 (Pat). 
• Advised a global US tech company on UK acquisitions and IP rights. 
• Advised companies offering software solutions in the crypto/blockchain environments, addressing law enforcement enquiries, IP and data protection issues. 
• Advised start-ups and software developers on data protection and IP issues including AI development. 
• Arbitration of a software licence for financial services use and copyright claims. 
• Acted on a cross-border enforcement of a guarantee for breach of a software licence resulting in a series of decisions from the London County Court, and the Albertan Queen’s Bench. Micromine v Alhambra & Komarnicki (2015/16) 
• Challenged the extent of power of Intellectual Property Enterprise Court to hear cases with declarations that concern IP but where the case’s centre is contractual. DEK v Alent Plc (2014, unreported IPEC case) 
• Obtained an emergency injunction to restrain a software release for breach of confidential information, High Court to Court of Appeal in one day resulting in the law on equitable relief on foreign claims changing. Titus v Bolden James [2011] EWCA Civ 993 
• Advised in patent validity and power of the court to declare patents essential to standards. Nokia v InterDigital Corporation [2004] EWHC 2920 (Pat) and [2005] EWCA Civ 614. 
• Advised on contracts concerning Smart Buildings and Smart Spaces. 
• Advised on the use of copyright in fonts for robotics and software companies. 

James advises athletes, clubs, and agents on sport-related legal matters, including reputation management, defamation, and sponsorship agreements. 

• Advised a football agent and their clients on various reputation management issues and defamation matters. 
• Advised on sport sponsorship agreements. 
• Advised on the construction of a court order and the right of a party to change their behaviours after a passage of time concerning trade marks. Arsenal FC v Reed [2014] EWHC 781 (Ch). 
• Advised on football finance matters, considering the liability for a guarantee when agreement varied unilaterally. Lloyds TSB Bank plc v Hayward (CA) [2002] EWCA 1813 [12 December 2002] LTL 12/12/02. 
• Advised local London Government & trading standards on compliance in regards to London Olympics. 
• Appeared in criminal trade mark cases, and EU trade mark disputes, concerning sports merchandise.  
• Represented well-known sport manufacturers in trade mark disputes. 
• Advised a global sport brand on European compliance requirements. 
• Advised on sponsorship and events concerning, rugby, football, and boxing. 
• Member of the Sport Board with the City of London. 

James advises medical institutions, clinicians, and researchers on data use, intellectual property, collaborations, and regulation, supporting innovation in healthcare and medical research. 

• Advised US-UK researchers on the use of medical data, and lectured at the Texas Medical Center on data use. 
• Advised on the Medical Device Regulations post-Brexit. 
• Acted in patent infringement & validity matters concerning medical devices, addressing requirements of statements of case and permissions of experiments as well as ADR. Select Healthcare Limited v Cromptons Healthcare Limited [2011] EWHC 1830 (Pat), [2011] EWHC 796 & 797 (Pat). 
• Acted in a High Court case regarding the use of a company law derivative claim under s.261 of the Companies Act 2006, as a basis for an alleged patent entitlement claim. Successfully precluding the application, and requiring any patent entitlement to be properly pleaded and brought in the proper forum. Confirmed a hypothetical director acting in accordance with Companies Act s.172 could not continue such a claim unless in the interest of the company and this could not be established. Glew & Others v Amro Biotech & Others [2019] EWHC 3183 (Ch), [2019] 11 WLUK 384, [2020] B.C.C. 248 
• Advised clinicians and a UK hospital on brand development to maximise their international repute in support of their teaching. 
• Advised on entitlement to inventions and collaboration concerning COVID-19 vaccines. 
• Advised on collaborations in the development of diagnosis of Alzheimer’s. 
• Advised on patent entitlement and the proper construction of pleadings and limitation in relation to such claims. Yeda Research and Development Co Ltd v Rhône-Poulenc Rorer International Holdings Inc and another [2006] EWHC 160 (Ch), [2006] EWCA Civ 1094, [2007] RPC 9 [2007] UKHL 43. 
• Advisor to the Imperial College and Bloomberg Greentech Legal Collaborative on intellectual property. 

James advises on brand protection, intellectual property rights, and packaging disputes, in the retail and manufacturing sectors.

• Advised a bespoke packaging company on global contracts and protection of IP. 
• Mediated between two countries concerning a well-known Geographical Indication for a wine. 
• Advised on a ‘Greek Yoghurt’ extended passing off case, including permissions for surveys, the approach to proper disclosure and interim injunctions. Addressed EU rules on Geographical Indications. Fage v Chobani [2012] EWHC 3755 (Ch); [2012] EWHC 3097 (Ch); [2013] EWHC 298 (Ch); [2013] EWHC 630 (Ch); [2013] ETMR 28; [2013] FSR 32; (2013) 157(14) SJLB 31; [2014] EWCA Civ 5 
• Advised on a trade mark dispute concerning a split brand ownership and the right of one trade mark holder to prevent another from using a different and valid trade mark on the grounds of confusion – advice on English law relating to concurrent ownership, use and confusion. Philip Morris Products S.A. v Marlboro Canada Limited [2010] FC 1099 
• Advised on a dispute regarding the sale of goods, in particular whether there is entitlement to repudiate a contract based on performance and whether goods sold by sample or description. Scancom International A/S v RWH Enterprises Ltd [2003] All ER (D) 89 
• Advised on the invalidation and revocation of trade marks on the basis of bad faith registration and misleading the public. Dyno Holdings & Dyno-Rod Limited v Dial A Rod Homecover Limited et al [2013] EWPCC 8 
• Provided expert evidence advice on English law regarding patent validity. Bridgeview Manufacturing et al v Duratech et al [2010] FCA 188 (FCA). 

James advises on copyright fonts, data use, and privacy issues related to marketing and advertising campaigns.

• Advised on a passing off claim in the High Court; determination against transfer to IPEC; confirming claimant choice of forum matters; complexity, including the number of points to be addressed and not simply if the points themselves are complex; the test on whether the claim exceeds the cost cap is whether the claimant has a reasonable prospect of showing that its damages will exceed £500,000, not a balance of probabilities as that requires a mini-trial; further costs of restoring brand reputation are to be taken into account; finally, undertakings to cease use must be given to court to be effective. Other Creative Ltd v Mother Family Ltd [2021] EWHC 3172 (Ch) 
• Advised on bespoke copyright fonts for marketing and advertising. 
• Advised on data use in targeted social media campaigns. 
• Advised on permissions for collecting personal data in marketing and surveying. 
• Acted in a Supreme Court of Canada case on a copyright decision regarding fair dealing and original works in law reports. CCH Canadian Ltd. v Law Society of Upper Canada [2004] SCC 13. 
• Advised on rights concerning television show formats. 
• Legal advisor to the Association of Young Performers Agents (AYPA), with advice given on contracts for performances in television, film, and theatre. 
• Advised on the sale of life stories and copyright, for film productions. 

James lectures and teaches on data protection, intellectual property, privilege, digital compliance and cyber security, AI and advocacy, supporting students and professionals in the UK, US, and Canada.

• Advised a world-renowned research university on its co-operation and development agreements to protect IP.
• Advising schools on the issues of personal data for those above and below the age of digital majority.
• Teaching/lecturing on data protection, intellectual property, and advocacy to lawyers and students in the USA, Canada, and the UK.
• Advising Guide Education on the use of technology in teaching.

James has advised on several matters subject to Judicial Review, and has advised on Parliamentary Proceed and the distinctions as to what is and what is not Reviewable.

• R (Mandarin) v Commissioner of BIOT 2026 – Acting as lead lawyer on urgent injunctions and judicial review relating to the dispossessed Chagossian People before the British Indian Ocean Territory Supreme Court, and acting as Attorney General to their Government.
• Court of Appeal review of the Electoral Commission’s powers to publish reports not mandated under statute. Vote Leave v Electoral Commission [2019] EWCA Civ 1938.
• Judicial Review of questions of election law and the meaning of an incurred expense and donations in relation to the EU referendum. Additional ancillary proceedings in regard to cost capping orders. Good Law Project v Electoral Commission [2018] EWHC 2414 (Admin), [2018] EWHC 602 (Admin) & [2018] EWHC 2553 (Admin).
• GSI v Falkland Islands Government – SC/CIV/05/14 Supreme Court. Copyright claim concerning seismic data and licences for exploration. Judicial Review questions for conduct of Government of the Falkland Islands and HMG in the UK.

Recognised by The Legal 500 for Intellectual property: Patents, Trade Marks, Copyright and Design 2024–2026

Recommended by The Legal 500 for Intellectual Property: Patents (Contentious and Non-Contentious) 2024-2026

Recognised by the Legal 500 for International Arbitration 2026

Recognised by the Legal 500 for Reputation Management 2026

Recognised by WTR1000 – Silver – Individuals: enforcement and litigation 2023–2025

Recognised in IAM Patent 1000 2025

Recognised by Managing Intellectual Property (MIP) IP Stars 2025

Recommended by WIPR Leaders for UK Trademarks 2025

Recognised in WIPR leaders for expertise in IP, including patent, trade mark, and copyright issues 2024–2025

Recommended by WTR 1000 for Trade mark 2024

Recommended by WIPR UK Trademark 2024

Recognised by Managing Intellectual Property (MIP) IP Stars for Patents & Trade Marks 2024

Featured in IAM Patent 1000 2024

Recognised by Best Lawyers UK for Intellectual Property 2023–2024

Awarded “Litigation Lawyer of the Year” in the Lawyer Network Annual Awards 2022

Awarded “IP Lawyer of the Year” in the Corporate LiveWire Global Awards 2021–2022

Client Choice Award Winner by Lexology 2021

Awarded “Litigation Lawyer of the Year” in the Global Law Experts Awards 2021

Chartered Institute of Patent Attorneys (CIPA)

Chartered Institute of Trade Mark Attorneys (CITMA)

Intellectual Property Bar Association

International Association for the Protection of Intellectual Property (AIPPI), former UK Council Member

International Bar Association (IBA), ADR Committee Member

Committee Member at International Trade Mark Association (INTA)

Member of the Chartered Institute of Arbitration (MCIArb.)

UNION of European Patent Attorneys

The Intellectual Property Lawyers’ Organisation (TIPLO)

Founding member of The Private Arbitration Court

Author of Tumbridge’s Guide to Legal Qualification: The Common Law World (published by Carswell)

Co-author of Drafting Patents for Litigation and Licensing (published by Bloomberg)

Contributing author of Privilege and Professional Confidences: An International Review (published by Bloomberg)

Co-author of A Practical Guide to the Ownership of Employee Inventions – From Entitlement to Compensation (published by Law Brief)

Contributing author to Sweet & Maxwell UK Trade Marks Handbook in association with CITMA, on trade marks and the internet