James Rigney

Full Profile

In addition to James’ extensive disputes experience, he frequently advises on complex coverage issues, and he has also assisted clients in a wide range of regulatory investigations and Royal Commissions. This unique experience means James stands out to his clients – they value his ability to apply technical knowledge in a commercial environment to provide practical solutions.

James has experience working with global and local insurers, London Market syndicates and their insureds. His technical understanding of client's businesses is critical to developing a fast understanding of the claim and the ability to focus on early settlement strategy. Evidence of this is found in his handling of a claim against  a professional services firm in which the client had significant exposure. James successfully implemented a strategy to resolve the matter at mediation, and before evidence, therefore minimising unnecessary legal spend for the client.

James has extensive experience in litigated proceedings. In 2019, James defended a global agricultural company in proceedings arising from a crop spraying incident causing widespread damage to crops. Faced with a challenging case on liability, James was able to deploy a strategy of defending the case on causation and quantum instead, which resulted in a successful outcome for his client at Trial.

James is a member of the Engineering Discussion Group (committee member), the Australian Professional Indemnity Group and the Australian Insurance Law Association.

He is admitted to practice in the United Kingdom and Australia, and has litigated claims in numerous jurisdictions in Australia, the UK and Europe.

James is consistently recognised for his work in the industry, most recently he has also been recognised in the "Best Lawyers in Australia" rankings for his expertise Insurance Law.

Experience

• Professional indemnity: Construction professionals – Acting in defence of various professionals (engineers, architects, building surveyors) regarding claims involving aluminium composite panelling (ACP) and other combustible building materials.
• Professional indemnity: Engineer – Acting in defence of engineering firm regarding design of bridge abutments in large NSW infrastructure project.
• Insurance coverage: Arbitration – Advising Underwriters of an engineering company in relation to an arbitrated claim regarding the design and installation of an airport runway at Príncipe Island, off the west coast of Africa.
• Professional indemnity: Agricultural – Successfully defended a global agricultural company in proceedings brought arising from damage caused during crop spraying – Baldrudgery Nominees Pty Limited v Landmark Operations Limited [2019] NSWDC 565.
• Professional indemnity: Financial professional – Successfully defended a mortgage broking company in proceedings arising from property investment in regional Queensland – Snowden v Australian Mortgage Assist Pty Ltd [2019] NSWSC 1799.
• Technology – Acting on behalf of an Australian technology company in Supreme Court and Court of Appeal Proceedings in relation to a dispute regarding satellite internet products and the reselling of bandwidth.
• Insurance coverage: Retained as coverage counsel in relation to a claim concerning the design and construction of the APLNG pipeline project in Queensland which comprised 13 gas pipelines and 25 associated above ground facilities.
• Professional indemnity – Accounting: Acting in defence of a $10 million claim by 30 Plaintiffs against an accountant arising out of investment advice provided.
• Infrastructure – Acted in successful legal proceedings on behalf of an infrastructure company in a claim regarding acoustic engineering defects on a large infrastructure project in a claim worth more than $30 million. UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd [2014] NSWSC 1959.
• Royal Commission – Acted on behalf of more than 15 aged care service providers in preparing responses to the Australian Government as part of the Aged Care Royal Commission, and appearing on behalf of multiple clients during the Aged Care Royal Commission hearings.
• Regulatory experience – Acting for a client in response to an investigation by the national privacy regulator arising from data breach incidents.
• Cyber: Recovery actions – Acting for various clients and their insurers in recovery action against third parties for liabilities arising from data breaches, and ransomware incidents.
• Arbitration – Acting in arbitration proceedings on behalf of a structural engineer arising from the design of a public building in Western Australia.
• Commercial disputes – Acting for various clients in contractual disputes, ranging from debt recovery to enforcement of contractual agreements.

Additional Information

Admission dates and jurisdictions

• 3 October 2003, Supreme Court of New South Wales
• 1 October 2007 – Senior Courts of England and Wales

Qualifications

• Bachelor of Media, Macquarie University, Australia
• Bachelor of Laws, Macquarie University, Australia

Memberships

• Committee member of the Engineering Discussion Group
• The Australian Professional Indemnity Group
• The Australian Insurance Law Association

Languages

• English

Awards and Recognition

• Best Lawyers in Australia 2021 rankings for Insurance Law