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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.
Information Law
James undertakes work in all areas of Information Law including advising on the impact of the Data Protection Act 1998, the Freedom of Information Act 2000, the Regulation of Investigatory Powers Act 2000, breach of confidence and other information law related areas.
Recent experience
Advising on compliance with the Data Protection Act 1998
Advising on the use of powers under the Regulation of Investigatory Powers Act 2000 for surveillance of criminal and non criminal workplace misconduct
Advising confidentiality and disclosure of medical records at the pre-action stage of litigation and in disciplinary investigations
Advising and appearing in disclosure and Public Interest Immunity applications in the High Court including ex parte proceedings
Inquest and Inquiries
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 hospital. 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.
Judicial Review
James has a rapidly developing interest and experience Judicial Review proceedings. Through work in his other practice areas, James has an in depth knowledge of the Medical and Police sectors.
Recent experience:
Resisting a claim for judicial review of the Chief Constable's decision not to extend sick pay beyond 12 months where the officer retired on grounds of ill health.
Advising (with John Beggs QC) on judicial review of a Police Appeal Tribunal decision to quash a sanction of requirement to resign against an officer who had admitted dishonesty.
Advising (with John Beggs QC) on judical review challenging the legality of a search warrant.
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