Experience

James specialises in cases involving personal injury and insurance work. He is also well known for his expertise in insurance fraud litigation and has extensive advisory and trial experience in high temperature cases where allegations of dishonesty arise.

Personal injury: Multi-Track claims involving complex medical evidence, including brain injury and chronic pain.

Insurance fraud: Opportunistic and staged motor claims, first party coverage and holiday sickness.

Insurance contracts: Coverage and indemnity, repudiation and avoidance including business protection, motor trade, fleet policies, theft, flood, contents and property damage.

James also has considerable experience in the related fields of costs, credit hire and coronial law.

Before coming to the Bar James worked for a major national insurance law firm of solicitors. During his time there he worked closely with lay clients and technical claims handlers on a varied case load which included work ranging from insurance fraud rings to high value personal injury claims.

Education

Bar Vocational Course, City University (2009)
LLB (Hons) Law, Durham (2007)

 

Khan v Blue Triangle Buses (Romford CC, 10.05.18)

Dishonest injury claim dismissed following collision with London bus.  Despite attending her GP and undergoing a course of physiotherapy, the Claimant had been dishonest in the presentation of her claim and sought to exaggerate her losses. (Instructed by Sandra MacMichael of Weightmans.)


Stimpson v AXA (Colchester CC, 22.02.18)

Finding of fundamental dishonesty in a call recording case, despite C and his expert both endorsing onset of injury after the call (+2 days).  (Instructed by Tim Ibbotson of Keoghs.)


Carpenter v EUI, Basildon CC, 23.01.18

An application of Howlett v Davies leading to the dismissal of a claim and an award of indemnity costs in a late intimation case where the Court found ‘the strongest evidence of dishonesty’.  (Instructed by Husnain Yousaff of Horwich Farrelly.)


Saleem v Parker (Leeds CC, 26.05.16)

Finding of fundamental dishonesty following filing of a notice of discontinuance in a case arising from a ‘slam-on’ induced collision forming part of a fraud ring in Leeds. (Instructed by Matthew Warne of Horwich Farrelly.)


Valentin & Anor v UPS Ltd (Bedford CC, 28.01.16)

Findings of fundamental dishonesty on the papers following discontinuance the day before trial. (Instructed by Adrian Cottam and Amy Hickey of Clyde & Co.)

Read more

Oaida v Wise (1) Tesco Underwriting Limited (2) Central London CC, 08.09.15

Claimant’s solicitors ordered to show cause pursuant to the wasted costs rules on the basis of improperly translated documents.  (Instructed by Tim Ibbotson of Keoghs.)


Mehmood v Singh (1) Advantage (2) Central London CC, 03.09.15

Claim arising from a staged accident dismissed with a positive finding of fraud on the basis of inconsistent damage. (Instructed by Morgan Davies of Hill Dickinson.)

Read more

Sheikh v London General Transport Clerkenwell & Shoreditch CC, 30.04.15

Finding of fundamental dishonesty and an order for indemnity costs made against London bus driver following dishonest injury claim. (Instructed by Sandra MacMichael of Weightmans.)


Yasin v Karim (1) (Sabre (2) Kingston-Upon-Hull CC, 17.04.15, LTL 18.06.15 AC0146705

Successful appeal against a decision to strike out ‘concerns’ pleaded in a Defence that did not advance a positive case of fraud.  (Instructed by Karen Mann of Greenwoods.)


Bernas & 6 Ors v Jennings Manchester CC, 16.01.15, LTL 22.06.15 AC0146713

Seven fraudulent ‘slam-on’ claims defeated following a 5-day trial involving telematics ‘black-box’ data.  (Instructed by Karen Mann of Greenwoods.)


Alchalabi v Seaward Travel Ltd Brentford CC, 14.12.14

Finding of substantial exaggeration on the part of the claimant consultant gynecologist reduced her award from nearly £15,000 (as pleaded) to £900.  (Instructed by Cheryl Harrison of Weightmans.)


Personal Injury Law Journal – April 2018 (No.164)

18th May 2018

‘To plead or not to plead’ – Article discussing the need to positively plead dishonesty.


TGC Fraud Newsletter Issue VII – February 2018

21st February 2018

Please see link below for Issue 7 of TGC Fraud Update, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters.


View External Link

TGC Fraud Update v3 – June 2016

22nd June 2016

Stemming the tide of the fraud.
Please see link below for the third edition of TGC Fraud Update, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters.


View External Link

TGC Fraud Update February 2016

3rd February 2016

Facing up to the challenge of fraud rings.
Please see link below for the second edition of TGC Fraud Update, a publication which was set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters. Thank you also for all of the kind words and helpful feedback received about the inaugural edition.

 


View External Link

TGC Fraud Update

9th October 2015

Welcome to the inaugural edition of TGC Fraud Update, a new publication from the fraud team at Temple Garden Chambers containing a number of articles on legal matters relevant to insurance fraud practitioners and a digest of recent noteworthy cases in which Members of Chambers have been involved.


View External Link

TGC Fraud Update v3 – June 2016

22nd June 2016

Stemming the tide of the fraud.

Please see link below for the third edition of TGC Fraud Update, a publication we have set up with the stated aim of facilitating the sharing of information about decided claims involving issues of road traffic fraud and related matters.


View External Link

Finding of fundamental dishonesty following filing of a notice of discontinuance in a case arising from a ‘slam-on’ induced collision forming part of a fraud ring in Leeds

17th June 2016

James Henry (instructed by Matthew Warne of Horwich Farrelly and Hastings Direct) represented the Defendant at the successful application for a finding of fundamental dishonesty following filing of a notice of discontinuance in a case arising from a ‘slam-on’ induced collision forming part of a fraud ring in Leeds.

Read more

Oaida v Wise (1) Tesco Underwriting Limited (2)


15th October 2015

James Henry (instructed by Tim Ibbotson of Keoghs) represented the Defendants in this claim for personal injury that was struck out at trial.  The Claimant had signed statements of truth on the Particulars of Claim, two witness statements and replies to Part 18 Questions, none of which had been translated into his own language.  It appeared to the court that the Claimant did not speak sufficiently good English to have given instructions without an interpreter or understood the statements of truth.

Read more

Court refuses relief from sanctions under new rules where claimant breached unless order


18th April 2013

James Henry (instructed by Karen Mann of Greenwoods and representing Sabre Insurance) successfully opposed a Claimant’s application for relief from sanctions in an early decision applying the new CPR r.3.9. The Court refused relief from sanctions where the Claimant’s case was struck out for failure to comply with an unless order. The decision represents an early indication of the robust approach Courts will adopt in their application of the new CPR r.3.9 and the need to enforce compliance with rules, practice directions and orders.


Privacy Notice

Thank you for choosing to instruct me in your case. I will need to collect and hold your personal information in order to represent you. I might also need to collect and hold personal information of third parties.

I will take all possible steps to protect personal information. I am determined to do nothing that would infringe your rights or undermine trust.

This Privacy Notice describes the information I collect, how it is used and shared, and your rights regarding it. If you have any questions about how I collect and hold your personal information as your barrister, please do not hesitate to contact me by email, at jdh@tgchambers.com.

DATA CONTROLLER

I am registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that I hold and process as a barrister. My registered address is Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA and my registration number is Z3103637.

DATA COLLECTION

The information that I hold about you is provided to or gathered by your legal team in the course of your case. Your solicitor will tell you why we need the information and how we will use it.

THE LAWFUL BASES FOR PROCESSING PERSONAL INFORMATION UNDER THE GDPR

The General Data Protection Regulation (GDPR) requires all organisations that process personal data to have a “Lawful Basis” for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

(Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  •  Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security)

Some personal data is especially sensitive, so falls into special categories of personal data which require other lawful bases for processing. Medical records are in one special category of data. The special categories are data revealing:

  • Racial or ethnic origin;
  • Political opinions;
  • Religious or philosophical beliefs;
  • Trade Union membership;
  • Data concerning health or sex life and sexual orientation;
  • Genetic data or biometric data.

MY LAWFUL BASES FOR PROCESSING YOUR PERSONAL INFORMATION

My main Lawful Basis for processing your information is that the processing is necessary for the performance of a contract to which you (the “data subject”) are party or in order to take steps at the request of the data subject prior to entering into a contract.

(The “contract” here is the contract for the provision of legal services to you, the data subject.)

I have another Lawful Basis for processing your information (and that of any third party – see below). That is for the legitimate interests of my business as a barrister. Among those legitimate interests, for example, are:

– The administration of my business (eg. my clerks receiving information from your solicitor in relation to the case and making sure that all the information I need, eg. about hearings, is passed on to me);

– To keep records in relation to the services I provide (just in case, for example, there is a problem with those services and I need to provide information to you, to a professional body or to my professional indemnity insurer);

– To provide training. Trainees (pupil barristers and “mini-pupils” on short placements in chambers) are made aware of the strict duties of confidentiality applicable to legal work. I will always do my utmost to ensure the confidentiality of your personal information and will share with the trainee only the minimum amount of information necessary to provide such training (and will, if I can, avoid sharing any personal information at all with the trainee). But please do tell me (by email or in writing by post) if you would prefer that your case not be used by me for training purposes and I will not use it in that way.

My lawful basis for processing any third party’s information provided to me in relation to your case is that processing is necessary for compliance with a legal obligation to which I as controller am subject, namely the obligation to provide legal services under the contract with you.

(A “third party” is another person – whether the other party in the dispute or someone else whose information is relevant, such as a witness to the event in question or appropriate expert providing evidence in the case).

My lawful basis for processing any special categories of personal data (yours or a third party’s sensitive personal data, eg. medical records) is that the processing is necessary for the establishment, exercise or defence of legal claims.

So I use personal information carefully:

  • To provide you with legal advice and representation;
  • To manage efficiently the work I do for you;
  • To investigate and address any concerns you might have; and
  • To train future barristers.

AUTOMATED DECISION MAKING

I do not use automated decision-making in the processing of your personal data.

I collect and process both personal data and special categories of personal data as defined in the GDPR. This includes, for example:

CLIENT DATA

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Financial information;
  • Medical Records;
  • Employment Records.

I may share your personal data with:

  • Instructing solicitors
  • Opposing Counsel, for the purposes of resolving the case
  • Chambers management and staff who provide administrative services
  • Pupil or mini-pupil, under my training
  • My regulator or legal advisors in the event of a dispute or other legal matter
  • Law enforcement officials, government authorities, or other third parties, if necessary to meet our legal obligations
  • An expert instructed to give evidence in the case
  • A paralegal assistant providing administrative and note taking support to me
  • Any other party where I ask you and you consent to the sharing.

TRANSFERS TO THIRD COUNTRIES AND INTERNATIONAL ORGANISATIONS

I do not transfer any personal data to third countries or international organisations.

I retain your personal data while you remain a client unless you ask me to delete it. My Retention and Disposal Policy (copy available on request) details how long I hold data for and how I dispose of it when it no longer needs to be held. I will delete or anonymise your information at your request unless:

  • There is an unresolved issue, such as a claim or dispute;
  • I am legally required not to do so; or
  • There are overriding legitimate business interests, including but not limited to my obligations to keep records in case of future complaint or claim against me, fraud prevention and protecting customers’ safety and security.

YOUR RIGHTS

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have to be informed about the information I hold and what I use it for, you can ask for a copy of the personal information I hold about you, you can ask us to correct any inaccuracies with the personal data I hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if I do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website http://ico.org.uk/for_the_public/personal_information and this is the organisation that you can complain to if you are unhappy with how I dealt with you.

ACCESSING AND CORRECTING YOUR INFORMATION

You may request access to, correction of, or a copy of your information by contacting me in writing, please:

  • By email, at jdh@tgchambers.com or
  • By post, at Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA

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I WILL OCCASIONALLY UPDATE MY PRIVACY NOTICE

When I make significant changes, I will do my best to notify you of these by email. I will also publish the updated Notice on my website profile.