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James practises in every aspect of Clinical Negligence and Healthcare related law, an interest which he has held since studying medical law at university.
Clinical Negligence – Medical and Dental Negligence
Instructed to by claimants and defendants (on behalf of MDOs and the NHSLA) to settle pleadings and advise, and appear in all forms of medical and dental negligence including fatal accidents. James accepts instructions on CFAs.
Recent experience:
Kitteridge (2009) Striking out a clinical negligence claim for later service of Particulars of Claim and lack of expert evidence.
Mirza (2010) Striking out a dental negligence claim.
Healthcare and Medical Law
James is interested in all aspects of healthcare and medical law. He has a particular interest in reproductive technologies, abortion and clinical confidentiality.
Recent experience:
Advising on confidentiality and disclosure of medical records at the pre-action stage of litigation and in disciplinary investigations.
Human Rights
James has experience of advising on claims under the Human Rights Act 1998 and the application of the HRA to other areas of his practice. He has particular experience of advising on the effect of Articles 2, 6, 8 and 10.
Inquests and Inquires
James represents families, doctors and hospital trusts at inquests throughout the country. He has experience of appearing in jury inquests and Article 2 inquests.
Recent experience:
Jason Walker (deceased) (2009) - James represented the deceased’s family in an Article 2 inquest into the death of a patient in a psychiatric hosptial. After 15 days of evidence the jury found 4 systemic failings and 15 individual failings by the relevant trust. The Coroner issued a Rule 43 report.
Andreas Prodromou (deceased) (2010) - James represented the deceased's family in an inquest into the death of a voluntary patient at a psychiatric hospital who died at Archway Underground Station. The Coroner issued a Rule 43 report.
Court of Protection Medical Treatment and Welfare
James represents all parties in medical treatment and welfare cases in the Family Division and in the Court of Protection. James has a longstanding interest in medical ethics and wrote a thesis at Harvard Law School comparing English and US law on withdrawal of treatment from severely disabled infants.
More recently, James wrote the chapters 'Deciding for others (children)' and 'Abortion' in Medical Treatment Decisions and the Law: The Mental Capacity Act in Action (3 Serjeants' Inn, Christopher Johnston (Ed.)) (Second Edition, Bloomsbury, 2009).
Recent experience:
Obtaining an urgent declaration permitting doctors to use blood and blood products for a Jehovah's Witness minor.
Appearing for a Trust and Local Authority in a Depravation of Liberty case involving a boy with learning difficulties.
Medical Health / Best Interests
James has a longstanding interest in medical ethics and best interests cases. He wrote a thesis at Harvard Law School comparing English and US law on withdrawal of treatment from severely disabled infants and is a contributor to Medical Treatment Decisions and the Law: The Mental Capacity Act in Action (3 Serjeants’ Inn, Christopher Johnston (Ed.)) (Second Edition, Bloomsbury, 2009).
Product Liability and Group Litigation
James has experience of product liability claims involving an element of personal injury. He has particular experience of claims involving pharmaceutical products.
Recent experience:
The Fetal Anticonvulsant Syndrome Litigation – junior counsel (with Christopher Johnston) instructed for 100 claimants in a major group action relating to birth defects caused by exposure to the anti-epileptic drug Epilim during pregnancy.
Healthcare Discipline
James represents healthcare professionals before their regulatory bodies including the GMC, GDC, HPC, PCTs, First Tier Tribunal (Primary Health Lists) and university medical school disciplinary procedures.
Recent experience:
Representing a doctor at the GMC's Registration Appeal Panel who had been denied provisional registration in the UK after completing her medical studies in Ukraine.
Representing a medical student who had developed bipolar disorder and allegedly behaved aggressively.
Representing a student who had stolen money from his part-time employer.
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