Profile

James’s practice focuses on employment, public law (judicial review), the regulation of professional misconduct and general commercial instructions. He brings to his practice a wide range of domestic and international experience, having worked as a lawyer in London, Strasbourg, Australia and in a delegation to the United Nations. Prior to call to the Bar, James worked as Associate to Mr Justice Michael Kirby AC CMG of the High Court of Australia. He was appointed to the Attorney General’s Panel for Civil Litigation (C-panel) in March 2013 and acts regularly for governmental agencies.  James additionally acts in the private sector for a range of corporate clients, individuals, and charities. He is a registered provider on the Bar Public Access Scheme and is a panel member of the National Bar Pro Bono Unit.

Expertise

Employment Law

Hide Show

James represents a wide variety of claimants and respondents in the Employment Tribunal, the Employment Appeal Tribunal and the High Court in employment disputes. He has advised and appeared for and against corporate clients and for individuals in litigation including British Airways, Barclays Bank, the Ministry of Justice, the Home Office and the Foreign and Commonwealth Office.

James is an experienced advocate in:

  • Unfair and wrongful dismissal claims
  • Restrictive covenant claims
  • Redundancy-related claims
  • National Minimum Wage disputes
  • TUPE (transfer of undertakings) disputes
  • Unlawful wage deduction claims
  • Pregnancy and maternity leave claims
  • Tribunal jurisdiction and procedural disputes
  • Discrimination and related claims under the Equality Act 2010

Recent notable cases include RSS Wessex (Rubicon People) v Dawson and others [2013] EWHC 2309 (QB), in which James obtained a High Court interim injunction in unusual circumstances against a former recruitment company manager believed to be competing with his former employer’s business via the use of Linked-In networking contacts; Vaseer v Secretary of State for Health [2014] UKEAT/0096/14/DM in which James successfully appealed against the decision of an Employment Tribunal judge to allow a claimant to add an entirely new claim under TUPE Regulations 2006; Rawson v Robert Norman Associates [2014] UKEAT/0199/13/RN on the correct approach to determining liability and remedy in employer’s breach of contract claims in the Employment Tribunal; and Ségor v Goodrich Actuation Systems [2012] UKEAT/0145/11/DM in which James acted pro-bono for a claimant previously working in the military technology industry, in an appeal determining the correct approach for tribunals to adopt where party seeks (or appears) to abandon a part of its claim.

Public and Administrative Law

Hide Show

James has an active practice in public law, principally focussing on judicial review challenges. As Attorney General’s Panel Counsel (Civil – C), James is frequently instructed by government agencies including the Home Office, the Cabinet Office, the Ministry of Defence and the Ministry of Justice in defending judicial review claims brought against them, as well as by private individuals seeking to challenge government decisions.

Recent cases in which James has been involved include R (Wildbur) v Secretary of State for Defence [2016] EWHC (Admin), a judicial review by a former Army Captain of a Defence Council decision under the Armed Forces Act 2006; R (Huang) v Secretary of State for Business Innovation and Skills (2015) on a challenge to the employability of aliens within the British civil service under the Aliens Employment Act 1955; and R (Rasool) v Tower Bridge Magistrates’ Court [2013] EWHC 4736 (Admin) in which James acted for a local borough in successfully resisting a challenge to the Food Hygiene (England) Regulations 2006 which imposes criminal and civil sanctions on food business operators. James also acted in 2015 for an NHS surgeon in his challenge to the NHS selection and appointment process for long-term surgical training positions.

In 2010, James was an avocat stagiaire in the UK Division of the European Court of Human Rights, Strasbourg.

Professional Misconduct and Discipline

Hide Show

James is a specialist advocate in the area of professional misconduct and discipline.  James regularly acts as advocate in police misconduct tribunals (especially for the Ministry of Defence Police); as Counsel for the Home Office in employer appeals under s.17 of the Immigration Asylum and Nationality Act 2006 (illegal employment practices); and for the Immigration Services Commissioner in prosecuting immigration advisors operating illegally or providing unlawful services.  James is also panel Counsel for the Nursing and Midwifery Council.

James is currently instructed in two Court of Appeal matters concerning the correct interpretation of Part One of the Immigration Asylum and Nationality Act 2006, and one matter of police misconduct in Scotland involving an officer’s discriminatory conduct towards fellow police officers.

James has successfully advised and acted for individuals in various professions – among them, teaching and medicine – in professional conduct disputes between the individual and their employer or regulator.

Licensing and Trading Standards

Hide Show

James acts in a variety of regulatory proceedings in the Magistrates’ Court, County Court and High Court. He has acted for local authorities, individual and corporate defendants in matters concerning:

  • Trading Standards
  • Business Rates
  • Health and Safety
  • Food Hygiene
  • Advertising Standards
  • Immigration Services

Civil Litigation

Hide Show

James acts for a number of banks, insurance firms, corporate and government clients and individuals in a range of civil disputes in the High Court and County Court. Parties for whom James has appeared regularly include the Royal Bank of Scotland, Lloyds TSB and Zurich Insurance. James has acted in litigation against the BBC, British Airways plc, Barclays Bank, the Ministry of Defence and numerous London Borough Councils.

James regularly accepts instructions in the following areas:

  • Breach of contract
  • Misrepresentation
  • Commercial debt
  • Breach of statutory duty
  • Misuse of confidential information
  • Interim injunctions
  • Negligence actions

Appointments

Hide Show
  • Attorney General’s Panel of Counsel for Civil Litigation (List C)
  • Bar Public Access Scheme
  • National Bar Pro Bono Unit – Panel Member
  • Crown Prosecutions Service – Prosecutor, Specialist Asset Forfeiture Unit
  • Approved Counsel, Nursing and Midwifery Council

Languages

Hide Show

French, German, Polish, Spanish

Memberships

Hide Show
  • Employment Law Bar Association
  • Human Rights Lawyers Association
  • Lawyers for Liberty
  • National Secular Society
  • British Humanist Association

Education

Hide Show

Inns of Court School of Law
Bar Vocational Course 2007-2008 Rank:Outstanding”

University of Oxford
Bachelor of Civil Law (BCL) – 2005-2006
Magdalen College, Oxford

University of Sydney
Bachelor of Laws – 2001-2004 Hons First Class
Bachelor of Arts – 1996-1998 Pass

Scholarships

Hide Show
  • Lord Mansfield Scholarship (Lincoln’s Inn) 2007
  • Lord Hardwicke Scholarship (Lincoln’s Inn) 2007
  • Shelford Scholarship (Lincoln’s Inn) 2008
  • Peter Duffy Human Rights Award (Lincoln’s Inn) 2009

Notable cases

Show more

Rawson v Robert Norman & Associates

An EAT appeal from a finding in an employer’s contractual counter-claim against a dismissed employee. The appeal concerned the burden of proof in the counter-claim.

Re Holland

A County Court claim against the personal representative of a murdered intestate deceased’s estate, concerning the presumption of advancement.

Re Veolia Environmental Services

An advice on the consequences of early termination of a sub-contract by a contractor as a result of the termination of the head contract by a local authority. The advice concerned the responsibility...

Sarwar v Abellio (London) Ltd

A claim concerning the unfair dismissal of a disabled employee, the failure to make reasonable adjustments, unfavourable treatment arising from disability and reinstatement of the employee.

Serra v Queen Mary University

An unfair dismissal claim concerning the application of an unlawful retirement age and compulsory retirement to a non-notified employee, as well as age discrimination and tribunal costs.

OCS t/as Cannon v Nationwide Healthcare

A County Court action for the unlawful termination of a service contract during its minimum term, addressing an allegation of fraud and the legality of penalty clauses.

C4UK Ltd v Behseta

Parallel civil and criminal proceedings for the recovery of traceable proceeds of a fraudulent commercial transaction. The case involved the unlawful conversion of a millionaire’s estate, a...

M v British Broadcasting Corporation

An advice on the obtaining of a High Court interim injunction to prevent the broadcast of allegedly defamatory material by a broadcaster, including the options for remedy in tort and malicious...

Re Overend

A multi-million pound mortgage fraud. James acted for a defendant accused of masterminding the fraud and deriving benefit from it via rental incomes from the properties thereby obtained.

Ségor v Goodrich Actuation Systems

An EAT appeal on nationality discrimination against an employee, concerning the right of a private company lawfully to apply discriminatory US laws in the United Kingdom when deciding whom to employ.

Crouch v CEN Services Limited

A claim concerning the unfair dismissal of a company executive (manager). The manager was dismissed following a flawed redundancy procedure in which there was evidence of pre-determination and other...

Victor Michael Ltd v Edwards

High Court and Employment Tribunal proceedings concerning the alleged theft of confidential business documents, breach of confidentiality and the use of confidential information, interference with...

Lloyds TSB Commercial Finance Ltd v Magee

Concerning the lawfulness of a claim for debts owing under a factoring agreement.

Lipman v Carson

Concerning the commercial lease of premises where it was alleged that a written document was signed under a unilateral mistake by the innocent party. James acted for the lessor in obtaining...

Fitzgerald v British Airways plc

An EAT appeal on disability discrimination involving failure to make reasonable adjustments for a stewardess injured on-board an airline.

A v United Kingdom

An appeal in Strasbourg addressing Article 8 and Protocol 1 of Article 2 of the European Convention on Human Rights. The case concerned the expulsion of a child convicted of a serious crime but who...

Related news

Show more