Position

James Macdonald specialises in clinical negligence and product liability claims, coroners’ inquests and related aspects of public law, and offshore and international litigation.

James is a recognised specialist in clinical negligence, ranked as a Leading Junior by the Legal 500. His expertise in claims arising out of fatal accidents means that he is regularly instructed by families for the deceased in both civil and coronial proceedings. He is particularly sought after in cases involving psychiatric patients where medical complexities and legal issues, typically involving Human Rights Act and Fatal Accidents Act claims, overlap. James is well-known for his empathetic and sensitive approach to client care in such cases, as well as his legal expertise. James is also a contributing author to the practitioner textbook Coroners’ Investigations and Inquests (Butterworths: 2021), having written the chapters on Scope, Article 2 ECHR, and Inquests & Public Inquiries.

James’ experience in clinical negligence litigation has led to him increasingly being instructed in product liability claims involving defective medical equipment. His work includes group litigation class actions and international claims, and his is ranked as a Leading Junior in Group Litigation by the Legal 500. James also has a burgeoning practice in the Court of Protection arising out of his experience with severely injured Claimant clients. In non-clinical injury litigation, James is frequently instructed by Claimants and Defendants in medium to high-value claims. He is sought after particularly in cases requiring detailed analysis and negotiation skills.

James’ offshore and international practice is centred around business and human rights law. His experience in both civil and criminal jurisdictions in England and Wales means that he is increasingly instructed to advise in complex crossover cases. To date, these have included areas as diverse as corporate fraud, breaches of Government sanctions and large-scale group actions arising out of corporate environmental disasters or breaches of foreign competition law.

James remains periodically instructed by the CPS and other prosecuting bodies to assist with cases involving serious criminal offences including offshore financial crime, money-laundering, homicide, and drug-trafficking. James’ experience and understanding of complex criminal litigation during his early career mean that he is often asked to advise in crossover civil and public law cases, particularly those with an international dimension.

Between 2017 and 2019, James also acted as a member of the junior counsel team to the statutory Undercover Policing Inquiry, advising and working with the Chair, Sir John Mitting. James’ experience in dealing with highly confidential material means that he continues to be instructed to review and advise in various sensitive areas of Government-related litigation, particularly in relation to counter-terrorism and national security.

James is qualified to accept instructions directly from clients and is registered under the Bar Council’s Public Access Scheme, meaning that members of the public who seek specialist advice can come directly to him. In addition, he welcomes instructions from solicitors, in-house law departments, qualified foreign lawyers, and clients licensed by the Bar Council to give instructions direct to barristers under the Bar Council’s Licensed Access Scheme.

Education

Merchant Taylors’ School, Crosby; University of Cambridge (BA (Hons) Philosophy, 2005; MPhil Philosophy, 2006); Manchester Metropolitan University (GDipL 2009; BVC 2010).

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