- King Edward’s School, Birmingham
- BA Hons (DUNELM) Geography with French and Spanish – Upper Second Class
- MMU - GDL – Commendation
- MMU – BVC - Very Competent
- Crown Counsel to the Falkland Islands
- CPS Advocates Panel - Cat 1
- Personal Injury Bar Association
- Criminal Bar Association
- Peter Rayburn Prize for finishing top of the year in Criminal Law on the GDL (MMU)
- The Honourable Society of Middle Temple JJ Powell Prize for achievement on the BVC (MMU)
- Richard Isaacson Memorial Scholarship Fund Nominee for finishing in the top 5 BVC candidates (MMU)
James joined Chambers after the successful completion of a common law pupillage under the supervision of Christopher Hudson (Crime/Regulatory) and Anthony Singh (Civil). His first few years of practice saw him gain experience in the criminal as well as the civil courts making him a well-rounded advocate. In 2011, James was appointed Acting Crown Counsel for the Attorney General of the Falkland Islands and South Georgia & The South Sandwich Islands territory. This entailed prosecuting all crime in the jurisdiction as well as acting in a general advisory role to the Falkland Islands’ government in legislative matters.
James specialises in personal injury, in particular fraud work where he regularly appears for Defendants on cases involving LVI, staged accidents, fraud rings and ghost passengers. He has a particular interest in QOCS exceptions arising out of these cases and has obtained enforceable costs orders in cases involving fundamental dishonesty and strike outs. James is also regularly instructed on cases where Defendants are running unreasonable exit from a portal. He accepts instructions in the personal injury field for both Claimants and Defendants for drafting, interlocutory hearings, conferences and trials.
On a more personal note, James has played professional water polo and is fluent in French and Spanish. He also captains the Northern Circuit Rugby team and the 1st XV at his club.
Civil and Insurance Fraud
Inness v Bage
Representing the Defendant, a finding of Fundamental Dishonesty was made against the Claimant in an LVI case in which it was found the Claimant had deliberately exaggerated the circumstances of a road traffic accident to pursue a dishonest personal injury claim. The Court found that the Claimant was not injured and that the severity of the contact between the two vehicles was such that he did not experience movement capable of causing injury. An enforceable costs order was made against the Claimant.
Civil and Insurance Fraud
York v Forbes
Representing the Defendant in a causation case involving late notification of personal injury. Finding of Fundamental Dishonesty by HHJ Gargan (Designated Civil Judge for Cleveland and South Durham). The Learned Judge rejected the Claimant’s evidence as being ‘wholly incredible and inconsistent’ and found he was ‘making up’ answers to account for the deficiencies in his evidence.
Civil & Insurance Fraud
Williams v Manders & KGM Motor Insurance
Representing the Defendants, a finding of fundamental dishonesty against the Claimant in a claim for personal injury arising out of a road traffic accident, in which the Court made a finding the Claimant was not genuinely injured.
Fithon v Highways Insurance
A successful appeal to the High Court of a first instance decision at trial by HHJ Bird. The Learned Judge made findings that the Claimant had 'greatly exaggerated' his injuries but that that did not meet the hurdle for fundamental dishonesty ('FD'). The Honourable Mrs Justice Andrews in overturning the decision, making a finding of FD and stripping the Claimant of QOCS protection to costs here and below pursuant to CPR44.16 commented that the inference drawn from the finding of fact and the documents all go in one direction and that this is a dishonest exaggeration even if it was not a dishonest claim from the outset and on that finding section 57 of the Criminal Justice and Courts Act 2015 is engaged.
Civil and Insurance Fraud
Adenuga v Zurich
Representing the Defendant Insurer in a ghost passenger case in which the Claimant was found to be fundamentally dishonest in supporting the related passenger claims and each of the alleged passengers giving oral evidence were found to have lied about being in the vehicle at the time of the accident. The Claimant’s claim was dismissed pursuant to section 57 of the Criminal Justice and Courts Act 2015 and an enforceable costs order was made pursuant to CPR44.16 (QOCS exception).
Hyde v Castings Plc
Advised on and ran to trial a case involving a Claimant who had brought multiple claims against his employer after having been sacked for dishonestly amending work documents amounting to gross misconduct. The Claimant discontinued at the doors of Court.
Civil and Insurance Fraud
Dobson v ERS Syndicate Management Limited
Representing the Defendant Insurer in a claim arising out of a road traffic accident where liability and causation were in issue. The District Judge made a finding that the claim was fundamentally dishonest and that the Claimant ‘was a liar from start to finish’. The Court made an enforceable costs order against the Claimant pursuant to CPR44.16 (exception to QOCS).
Sawings v Nichols
Representing the Defendant. Finding of Fundamental Dishonesty by the Court on Application post the Claimant's notice of discontinuance in a case involving transcripts of telephone calls in which the Claimant confirmed he was not injured or in pain at the time he alleged to be off work due to the severity of injuries allegedly sustained in the index accident. Enforceable costs orders pursuant to CPR44.16 were also obtained.
Hassan v Insure the Box
Representing the Defendant, finding of Fundamental Dishonesty against the Claimant on Application to the Court in a case where a notice of discontinuance was served the day before a trial in a late intimation claim which included a recording of the Claimant threatening to claim for whiplash if the Defendant did not arrange for his vehicle to be repaired.
Mayne v Aviva
Representing the Defendant, obtained a finding of Fundamental Dishonesty in respect of the claim on application at the conclusion of a trial where there was an entirely put to proof Defence as the Defendant's insured had died prior to notification of the case.
The case was heard before the DCJ of Newcastle.
Calcina v Prestige Estates (North East) Limited
For the Defendant in a case where the Claimant discontinued and the Defendant proceeded to obtain a finding of Fundamental Dishonesty on Application to the Court resulting in an enforceable costs order against the Claimant in a claim involving a workplace accident.
Korczynski v Garbrah
Decision in favour of the Defendant before the Regional Costs Judge on an important point arising from the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents. It was held that the Claimant was not entitled to send the Stage 3 Court Proceedings Pack prior to the expiry of the total consideration period and the Defendant was at liberty to accept the Claimant's stage 2 offer at any stage during that period notwithstanding any lower counter-offer made.
A full copy of the Judgement is available upon request.
Raza & Din v Liverpool Victoria
Successful Defence of an LVI claim including a finding of fundamental dishonesty in a QOCS case leading to an enforceable costs order under CPR 44.16.
HCPC Regulatory matter
Successfully kept Registrant on the Social Worker Register.
Fallon & Lemos v Bennett-Threlfall
Successful strike out of a claim to which QOCS applied for the Defendant on procedural grounds leading to engagement of the QOCS exception under CPR44.15.
R v Smith & Nicholas
Prosecution Junior in the largest Regulatory Prosecution by Stoke-on-Trent City Council involving fraud and the Cattle Identification Regulations.
Hunter v San Marino Restaurant
Successful defence in an Occupiers' Liability case involving the application of the Court of Appeal principles from Dawkins v Carnival Plc.