3PB

Personal Injury; Clinical Negligence; Public and Regulatory; Mediation

Overview

Prior to joining the Bar James was a senior solicitor at Ince & Co, where he undertook defendant PI work in the maritime and aviation sectors. Most of his work arose from maritime and offshore accidents, including catastrophic and fatal accidents occurring on board vessels and offshore installations. He also had an extensive practice dealing with the conflict of laws.

James has contributed to Griggs,Williams and Farr on Limitation of Liability for Maritime Accidents.

In addition, James has handled claims for the aviation market, which often involved multiple loss of life. He frequently has had to deal with issues of jurisdiction and conflict of laws.

James also practises general civil law, including contractual disputes, licensing and housing. He has conducted a number of inquests as a result of his personal injury and police law practise. He frequently undertakes credit hire work, and has sat as a mediator on a vast variety of disputes.

James is a qualified Direct Public Access barrister.

Personal Injury

James has practiced in personal injury since 1997. His experience includes serious road traffic accidents (often acting for motor manufacturers), employers' and occupiers' liability and fatal accident claims. He predominantly (but not exclusively) acts for defendants.

He has been involved in advising on criminal prosecutions arising from accidents and has developed a particular expertise in defending fraudulent and exaggerated claims, particularly those arising from road traffic accidents, in which he advises from an early stage. He has extensive experience in counterclaiming in the tort of deceit, and has successfully secured damages for insurer clients as a result. He frequently adopts tactics designed to defeat fraudulent claims without the need to go to a final trial.

James has also been extensively involved in litigation arising from maritime and offshore accidents, including catastrophic and fatal accidents occurring on board vessels and offshore installations. In addition, he has handled claims for the aviation market, which often involved multiple loss of life. He frequently has had to deal with issues of jurisdiction and conflict of laws.

James acts primarily for defendants, but does undertake a certain amount of CFA work.

Inquests

James has undertaken a large number of inquests on behalf of interested parties, families, local authorities and police forces. These include:

• Re Roger and Susan Goswell - representing Sussex Police in an inquest where Mrs Goswell reported her husband's intention to kill her and then himself, before very shortly doing so;
• Re Mr Weston - representing the police in an inquest before a jury where a teenager chased by police ran over a wall with a high drop on the other side, and died as a result;
• Re Jay Abatan - representing the police in an inquest where the deceased was killed in a fight outside a nightclub, amidst allegations of racism on the part of the aggressor and the police during the subsequent investigation;
• Re Richard Copithorne - representing Sussex Police in an inquest before a jury where a vulnerable man with schizophrenia committed suicide following a sustained period of financial abuse and harassment by a person purporting to be his carer.

James can be instructed on a Direct Access basis.

Clinical Negligence

James has a wide clinical negligence practice, acting for both claimants and professionals. He is happy to accept instructions in the following clinical negligence specialisms (although not limited to):

• Misdiagnosis
• Delayed diagnosis
• Surgical negligence
• Failure to obtain informed consent
• Unnecessary or inappropriate treatment

Public and regulatory

Police Law 
James undertakes a wide range of civil work on behalf of the police and various Local Authorities, including Judicial Review, applications arising from anti-social behaviour, Closure Orders, Proceeds of Crime, and, under the old legislation, Sexual Offences Prevention Orders, Risk of Sexual Harm Orders and Foreign Travel Orders (having undertaken a significant number of these rare applications). He also defends the police against allegations of misconduct and undertakes disciplinary work.

Since the commencement of the Anti-Social Behaviour, Crime and Policing Act 2014 James has secured the first injunction under the Act granted in Surrey and (separately) the first injunction to be applied for by Surrey Police. He has also been instructed in a number of closure orders and applications for protection from sexual harm and violence.

James has provided extensive training in the new legislation to local authorities, housing providers and police forces.

James can be instructed on a Direct Access basis.

Mediation

James is an Accredited Mediator.

Year of call 2006, Solicitor 1999.