Experience

James is a specialist fraud Counsel with extensive advisory and trial experience in handling high temperature cases where allegations of dishonesty arise.

He enjoys a diverse common law practice, with particular focus on personal injury and related work including insurance fraud, credit hire and coronial law.  He is instructed by both Claimants and Defendants to draft pleadings, provide advice and to represent clients at all levels of trial and interlocutory hearings.

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 (University College) (2007)

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.)

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.)

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.)

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.


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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.

 


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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.


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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.

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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.

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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.