Costa v Imperial London Hotels Ltd [2012] EWCA Civ 672
James acted for the successful appellant in the Court of Appeal. An important decision on causation, this served as a reminder that even though an employer may breach a duty owed to an employee by not providing refresher training on how best to lift in order, causation has to be established and for her it was not established because there was no basis for finding that the employee’s injuries had been caused by lifting.
Amin and Hussain v Mullings and Royal Sun Alliance [2011] 3 Costs LR 485
James acted for the successful appellant in this High Court appeal. The case involved a technical argument about when a case “concludes at trial” for the purpose of success fee uplift under the at the time Civil Procedure Rules. While legal developments have removed the section this case determined it remains useful guidance on what constitutes a trial for the purpose of costs rules.
Mr J R
James acted for a client who had previously brought a claim against his financial advisor through the Financial Services Compensation Scheme and recovered £1,714.71. The client believed he had been compensated in full but James disagreed. Two further cases were pursued for this client leading to an additional recovery of £41,603.40.
The Liquidator to a Stockbroker
James acted for a liquidator to a stockbroker that appeared to have been promoting poor quality penny shares and operating a boiler room scam. James collated evidence form clients and the companies records that established such a scam was operating and allowed the company to pursue a claim against its former directors for breach of their duties to the company. The Liquidator was then able to negotiate a substantial recovery for the estate.
Ms N S
James acted for the claimant in this low value personal injury claim. What distinguished this case was that instructions to act for the client were received late on a Monday with the trial set for that Thursday. No trial preparation had been performed and the solicitors previously representing the client had forged a witness statement and hidden documents from disclosure – a matter the client was not involved with. James had to prepare an application for relief from sanction while also preparing for trial and was able to conclude a settlement the day before the trial took place.
Mr O R
James acted for a Defendant following a road accident. The claim was of modest value but involved a substantial claim for storage charges at over £15,000. James agreed a valuation of the storage charges with the Claimant’s solicitor who later asserted no such agreement had been reached. James had to give evidence at trial on this compromise agreement and that evidence was accepted by the Judge.
The European Communities (Rights Against Insurers) Regulations (2002) cases
James acted for a number of insurers based in continental Europe who were pursued by Claimants looking to invoke the above regulations. Relying on the definition of where a vehicle is “normally based” for the purposes of the Regulations James successfully defended large number of clients and managed to negotiate fair settlements on other claims.