7BR

Clinical Negligence; Personal Injury: Inquests & Inquiries

James practices in the fields of clinical negligence, catastrophic injury and abuse / social services claims. Within his areas of expertise, he undertakes complex and high value litigation, including group actions, as well as inquests for families, local authorities and institutional clients.

James has a particular expertise in cases involving birth, brain, neurological and psychiatric injury. He is adept at marshalling and cross-examining experts.

James defends local authorities and other bodies in litigation involving allegations of child and adult social services negligence, abuse and deprivation of liberty. He also has a particular expertise in claims under Articles 2, 3, 6 and 8 of the Human Rights Act and stress at work cases. He is also regularly involved in representing adult and children's services at inquests where the reputation and standing of social work professionals and departments is in question.

Recent cases:

• Grenfell Tower litigation (2022-2023) – James represented a large cohort of Claimants involved in the disaster.
• Multiple Claimants vs Local Authority (2023) – a group action brought by over 50 claimants in relation to abuse at a school in the 1970s, 1980s and 1990s, which has been widely covered in the media. James represented the local authority.
• H v County Durham & Darlington NHS Foundation Trust (2023) - the Claimant, a young fashion designer, suffered injury during ophthalmic surgery, leaving her partially blind. Complex issues of causation and quantum are in issue. The claim is valued at over £5 million in light of the Claimant’s care needs and career prospects in the fashion industry at the time of injury.
• Y v London Borough (2022) - James represented the local authority in a claim brought by Y, who was seeking to recover for breach of Article 4 of the European Convention on Human Rights (prohibition against slavery and forced labour). The Claimant alleges that social workers owed her extensive duties under Article 4 to provide services as a result of her being a victim of human trafficking.
• Pearl Butterworth v Rochdale Borough Council (Manchester County Court, 2022) - James successfully defended the local authority at trial in a claim relating to child sexual exploitation in Rochdale in the early 1980s, one of the earliest known reports of CSE.
• Professor Akay v Newcastle University [2020] EWHC 1669 – James was successful at the appeal hearing before Lavender J having applied successfully to strike out the Claimant for abuse of process/res judicata at first instance.
• Hankin v Saracens and others (2020 – High Court) – James acted for a former professional rugby player in relation to claim for brain injury and its management against his former club.

Qualified Lincoln’s Inn 2007.