James undertakes work involving breach of contract and has a particular interest in disputes/problems involving aspects of employment law and restrictive covenants in employment contracts.
James has extensive experience in all aspects of Employment Tribunal work, including dismissal related claims, whistle-blowing, TUPE, discrimination and breach of contract claims. He also undertakes employment related work in the County Court including breach of contract and employment related restraint clauses. James undertakes work in the Employment Appeal Tribunal. James also draws upon his experience from personal injury work when representing parties in discrimination cases.
In Ladbrook v Wales Community Rehabilitation Company James represented the Claimant at a remedy hearing following findings of disability discrimination. Matters under consideration included exacerbation/aggravation of a pre-existing physical condition and past and future losses.
In Davies v (1) Cornwall Council & (2) Governing Body of Shortlanesend County Primary School UKEAT/0052/13/BA James represented the Appellant in her appeal against a review decision of the tribunal refusing to revoke an earlier Judgment on the basis that new evidence had become available.
In The President of the Methodist Conference v Preston  UKSC 29,  ICR 833 James, led by John Bowers QC and Mark Hill QC, represented Hayley Preston (formerly Moore) responding to the Methodist Conference’s appeal to the Supreme Court. The claim was one of Constructive Unfair Dismissal but involved the significant preliminary issue as to the employment status of Methodist Ministers. He represented the Claimant at first instance when the Employment Tribunal held that it was bound by the Court of Appeal Decision in Parfitt v The President of the Methodist Conference  ICR 176 that Ministers are not employees. He successfully represented Mrs Preston on her appeal at the Employment Appeal Tribunal (UKEAT/0219/10/DM)  ICR 819 when it was held Parfitt was not binding and that she was employed under a contract of service. That decision was upheld by the Court of Appeal (‘The President of the Methodist Conference -v- Preston (Formerly Moore)‘  ICR 432).
In Kate Baker v Follett Stock LLP UK/ET/1701437/12, a case which attracted wide-spread media attention, James represented Miss Baker at the pre-hearing review of her claim of sex discrimination against the firm of solicitors who had formerly employed her.
In Crossland v OCS Group Ltd & British Airways Interior Engineering Ltd UKEAT/0340/12/SM James represented the First Respondent in an appeal relating to a deposit order in a disability discrimination case. The appeal concerned issues of ‘criterion, provision & practice’ and ‘substantial disadvantage’ in a reasonable adjustments claim.
In Dennison v College of St Mark and St John James represented the Respondent at first instance and in the EAT in relation to a Part Time Worker Pensions case.
Other examples of work include the following:
In Simons v Cornwall Council James successfully represented the Respondent in a claim which included issues relating to whether or not there had been a TUPE transfer following the creation of the Unitary Authority.
In Clymo -v- Spiral Construction Limited he represented the Respondent in a claim of sex discrimination in relation to the Claimant’s right to attend antenatal classes.
In Chedgzoy -v- XC Trains Limited he represented the Claimant in her claim of sex discrimination following a flexible working request.
In Souttar v Tavistock Town Council James represented the Defendant in a County Court action for breach of contract in relation to unpaid wages and notice pay.
In Tellus Group Limited v Kuklinska James acted for the Defendant in the return date of an injunction as part of a case in which it was alleged that there had been a breach of post-employment restraint clauses.
James is the Personal Injury and Clinical Negligence Team Leader. James is available for both Fast Track and Multi Track cases in the County Court and matters in the High Court and advises across a broad spectrum of personal injury work including the following areas: employer’s liability, occupier’s liability, RTA and highways claims, general negligence and fatal accident claims. James has additional expertise in Employment Law and this has proved invaluable in cases that involve discrimination or harassment.
Recent cases of interest include:
O’Donnell v Serco PLC in which he acted for a Claimant who had been subjected to racial harassment by his colleagues.
Hearn v Vose, in which he acted for the Defendant in a claim for damages in relation to injuries sustained by the Claimant after being repeatedly stabbed by the Defendant. Heads of loss included aggravated damages and very serious multiple injuries.
In addition to work in the County and High Court he has significant experience in conducting Criminal Injuries Compensation cases.
He also represents a variety of different parties at Inquests, which a case of note was the Inquest into the death of Jamie Butcher following the capsize of the yacht ‘Hooligan V’ as a result of catastrophic keel failure.
LL.B (Hons) University of Lancaster
Appointed Deputy District Judge assigned to the Western Circuit
- Western Circuit
Away from work James enjoys cycling, sailing, skiing and surfing.
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