James acts for both Claimants and Defendants/Respondents and has a broad base of solicitors who appreciate his approachable manner, careful analysis of evidence and strong advocacy. He provides a high degree of client care to both his professional and lay clients. He regularly appears in courts and tribunals on the Western Circuit and further afield and will undertake work on a conditional fee basis. He also accepts non-conditional fee instructions direct from members of the public and other professionals. In addition to his principal areas of practice James also undertakes some general common law work. He is also an accredited mediator.
James also regularly gives training sessions/seminars to solicitors, local authorities and employers’ organisations.
PRACTICE AREAS:
Employment Law
James is the Employment Team Leader at Rougemont Chambers and has extensive experience in all aspects of Employment Tribunal work, including dismissal related claims, whistle-blowing, TUPE, discrimination and breach of contract claims. He also undertakes employment related work in the County Court including breach of contract and employment related restraint clauses. James undertakes work in the Employment Appeal Tribunal.
James is advising/representing Hayley Preston (formerly Moore) in relation to her claim of Constructive Unfair Dismissal against The president of the Methodist Conference. The claim involves a significant preliminary issue as to the employment status of Methodist Ministers. He represented the Claimant at first instance when the Employment Tribunal held that it was bound by the Court of Appeal Decision in Parfitt v The President of the Methodist Conference [1984] ICR 176 that Ministers are not employees. He successfully represented Mrs Preston on her appeal at the Employment Appeal Tribunal (UKEAT/0219/10/DM) [2011] ICR 819 when it was held Parfitt was not binding and that she was employed under a contract of service. He has since been led by John Bowers QC on behalf of Mrs Preston in the appeal of the EAT decision to the Court of Appeal 'The President of the Methodist Conference -v- Preston (Formerly Moore)' [2012] ICR 432 in which the Court of Appeal upheld the decision of the EAT.
In Simons v Cornwall Council James successfully represented the Respondent in a claim which included issues relating to whether or not there had been a TUPE transfer following the creation of the Unitary Authority.
He has been advising a Claimant in relation to claims against a health authority in relation to equal pay and a claim for breach of contract following a TUPE transfer.
In Clymo -v- Spiral Construction Limited he represented the Respondent in a claim of sex discrimination in relation to the Claimant's right to attend antenatal classes. In Chedgzoy -v- XC Trains Limited he represented the Claimant in her claim of sex discrimination following a flexible working request.
In Souttar v Tavistock Town Council James represented the Defendant in a County Court action for breach of contract in relation to unpaid wages and notice pay.
In Redhead v St John Ambulance James represented the Respondent in a claim of unfair dismissal and disability discrimination in which one of the key issues was whether or not the Claimant was in fact disabled.
In Tellus Group Limited v Kuklinska James acted for the Defendant in the return date of an injunction as part of a case in which it was alleged that there had been a breach of post-employment restraint clauses.
In Dennison v College of St Mark and St John James represented the Respondent at first instance and in the EAT in relation to a Part Time Worker Pensions case.
Personal Injury
James is available for both Fast Track and Multi Track cases in the County Court and matters in the High Court and advises across a broad spectrum of personal injury work including the following areas: employer's liability, occupier's liability, RTA and highways claims, general negligence and fatal accident claims.
He also advises an insurance company, pre-issue, as to the value of claims involving mesothelioma
In addition to work in the County and High Court he has significant experience in conducting Criminal Injuries Compensation cases.
He also represents a variety of different parties at Inquests, which a case of note was the Inquest into the death of Jamie Butcher following the capsize of the yacht ‘Hooligan V' as a result of catastrophic keel failure.
General Common Law
James represents both Claimants and Defendants in relation to cases involving credit hire. He also undertakes work that involves breach of contract.
SEMINARS
Exeter Chamber of Commerce: Equality (Repeal of Retirement Age provisions) Regulations 2011
ILEX: Time limits in the Employment Tribunal
Cornwall Council: Full Day seminar by the Employment Team. James gave a talk on the effect of the Agency Workers Regulations 2010
In house training for a large firm of Solicitors on Flexible Working.
Cornwall Council (forthcoming): Full Day seminar by the Employment Team. James will be talking about (1) current & future legislation changes and (2) variation of contractual terms of employees.
PROFESSIONAL MEMBERSHIPS
Employment Law Bar Association
Personal Injuries Bar Association
PERSONAL
Sailing (yacht racing), Skiing, Surfing and Modern Jive. | 