Deftly

handles

even the

most

tortuous

disputes"

Chambers UK (2012)

Mark James

Mark James

Profile

Mark James has extensive experience in high-value insurance-backed litigation including personal injury (with an emphasis on occupational diseases), insurance contract disputes and claims for damage to property and business (including subrogated claims). He has developed a specialism in asbestos related claims and work related upper limb disorder cases. He is commonly instructed on behalf of both 'blue-chip' insurers and claimants.  He has created a niche in the field of costs and is recommended in this area by 'The Legal 500' (2008). As a result of this expertise he is also frequently instructed in professional negligence claims involving claims against solicitors and/or barristers.

Notable Cases

  • Lake v Hunt Kidd [2011] EWHC 766 (QB) whether the court has any discretion to disallow interest due on a solicitor's bill to its client in non-contentious work.
  • Lavelle v Noble [2011] EWCA Civ 441 where the trial judge was right to exclude DNA evidence linking defendant to murder weapon in a Fatal Accidents claim.
  • AB v Ministry of Defence, 28 July 2011. Supreme Court granted the Atomic Veterans permission to appeal against the decision of the Court of Appeal whereby nine of ten lead cases were held statute barred.
  • AB & others v Ministry of Defence [2010] EWCA Civ 1317 (large group litigation claim on behalf of servicemen allegedly exposed to radiation from nuclear weapons during military testing in the 1950s - difficult points of law on s. 14 & s. 33 Limitation Act 1980).
  • Drake v Harbour [2008] EWCA Civ 25, [2008] NPC 11: application of res ipsa loquitur to establish cause of a fire.
  • Supperstone v Hurst [2008] EWHC 735 (Ch): criteria for grant for relief from sanction where notice of funding delivered late and not validly served.
  • Utting v McBain [2007] EWHC 3293 (QB): whether CFA that failed to specify deferral element was enforceable.
  • Spiralstem Ltd v Marks and Spencer plc [2007] EWHC 90084 (Costs): calculation of success fee where there was strong likelihood of split-trial.
  • Walker Residential Limited v Davis [2005] EWHC 3483 (Ch): whether court had jurisdiction to make a costs order where a Part 36 payment had been accepted within time.
  • Hussain and others v Leeds City Council, 16 December 2005, SCCO: test cases concerning the enforceability of CFAs when legal aid available.

Publications

  • 'Expert Evidence: Law and Practice' (2010)(3rd edition) (Sweet and Maxwell)
  • Numerous articles on expert evidence, most recently 'What did Jackson do for the experts?' (2010) NLJ 1317

Memberships

P.I.B.A.