James has very extensive experience in the various types of insurance disputes on behalf of insurers and has undertaken this work (almost exclusively) since 2008.
Approximately 75% of his overall practice is in the area of counter fraud in all its guises. In particular, his case load predominantly consists of cases where fraud considerations are the central issue, including:
- staged accidents
- phantom passenger claims
- low velocity impacts
- fraud in the prosecution of claims (for example, falsely put up independent witnesses)
- fraud rings
- dishonest Third-Party claims (Credit hire, repairs, treatment etc)
- work accidents where exaggeration and classical fraud are pursued
Crucially, James consistently secures findings of Fundamental Dishonesty/fraud, together with ancillary finding such as orders for fraudsters to pay exemplary damages. Where the evidence is insufficient to secure findings of Fundamental Dishonesty or fraud, James routinely persuades the court to dismiss claims for want of sufficient evidence, or secures drop-hands settlements.
Examples of his very recent work include defending a six-figure claim in the multi-track in a fatal accident claim; obtaining a finding of fundamental dishonesty in a multi-track claim against multiple claimants together with joint and several, liability to meet the Defendant’s costs and exemplary damages claims; securing a finding that no collision had occurred between a cyclist and motorist, and consequential finding of fraud in reliance upon a purported independent witness; and successful appeal on the papers alone against a too benevolent judgment.
James is also routinely instructed to run cases where applications to set aside Notices of Discontinuance have been made, and his extensive experience in insurance disputes also includes, avoidance of policy on the basis of non-disclosure, Subrogation, Compulsory Insurance matters (motor and employers’ liability), and Contribution proceedings.
Given James’ reputation in the areas of fraud and higher value Personal Injury Litigation, he is a natural choice for all the major Insurers defending such cases, and his full diary attests to his success. He works for all such insurers through the largest panel solicitors, and has remained on all panels without interruption for over a decade. He is also regularly instructed off panel. He is well known for his sensitivity to individual Insurer’s service requirements, and is highly valued for his ability and willingness to offer support and advice that goes beyond his instructions, particularly to junior fee earners.
James is regularly instructed to advise Insurers as to liability and risk in conference (both in chambers and at client’s homes), and his prompt response to requests for detailed analysis of evidence is invaluable. Notwithstanding the increasing trend for pleadings to be drafted in-house, James is routinely asked to settle defences in complex as well as routine cases. His pleadings are comprehensive, and articulate the issues with great clarity.
James has provided training extensively in counter-fraud, and produces material for listeners in conjunction with his presentations, which normally consists of much more than printed PowerPoint slides (gapped Notes and authorities).
Personal Injuries Bar Association