Experience

Mark James is recognised as an expert in the field of costs and also conducts professional negligence claims involving barristers and solicitors. He has extensive experience in insurance-backed litigation including personal injury (especially high-value claims and disease litigation), insurance contract disputes and claims for fire and subsidence damage to property and business (including subrogated claims). He also undertakes construction work and general commercial work.

Directories

“He has the brain the size of the planet and is brilliant on very technical issues” and “An excellent technical lawyer and a good advocate who gives good quality, clear and concise advice.”
Chambers UK (2016)

“He has a voraciously academic approach.”
Legal 500 (2015)

Professional Memberships

PIBA

Public Access

Undertakes Public Access work

Broni v MoD [2015] EWHC 66 (QB), [2015] 1 Costs LR 111

Whether members of the armed services were ‘employees’ within CPR 45 Part IV. The outcome affected the size of the success fee.

Mandalia v Beaufort Dedicated No. 2 [2014] EWHC 4039 (QB)

Six day trial on the meaning and effect of terms and conditions in an ‘all risks’ commercial property insurance policy.

Stone Rowe Brewer v Just Costs Limited [2014] EWHC 219 (QB), [2014] 3 All ER 723.

The meaning of ‘special circumstances’ within the context of the ‘one-fifth rule’ governing costs in solicitor-client detailed assessments.

Dass v Dass [2013] EWHC 2520 (QB)

Whether CPR r. 35.13 contained a ‘sanction’ for which relief must be sought when a party failed to serve an expert’s report in time.

Patterson v MoD [2012] EWHC 2767, [2013] 2 Costs LR 197

Meaning of the word ‘disease’ in CPR r. 45.23. The outcome affected the size of the success fee.

Tibbles v SIG plc [2012] EWCA Civ 518, [2012] 1WLR 2591

Circumstances in which discretion to vary an order under CPR r. 3.1(7) should be exercised.

AB v Ministry of Defence [2012] UKSC9, [2013] 1 AC 78

Large group litigation claim on behalf of servicemen allegedly exposed to radiation from nuclear weapons during military testing in the 1950s – difficult points of law on s. 14 & s. 33 Limitation Act 1980 that reached the Supreme Court.

Lavelle v Noble [2011] EWCA Civ 441

Whether the trial judge was right to exclude DNA evidence linking defendant to murder weapon in a Fatal Accidents claim.

Morris v Southwark LBC [2011] EWCA 25, [2011] 1 WLR 2111

Whether a solicitor’s indemnity against other side’s costs was void under the law of champerty.

Drake v Harbour [2008] EWCA Civ 25, [2008] NPC 11.

Application of res ipsa loquitur principle to establish cause of a fire.

Expert Evidence: Law and Practice (4th ed.)

1st December 2014

The leading textbook on the law as it applies to experts (including bias, expert immunity and the admissibility of expert evidence) and procedural rules across civil, criminal and family proceedings.


Mark James advises horse trainer Jim Best

16th May 2016

Mark James, instructed by Stewart-Moore Solicitors, advised the well-known horse trainer Jim Best on the issue of apparent bias when it emerged that the chairman of the British Horseracing Association Disciplinary Panel that convicted him of misconduct and banned him for 4 years had the BHA as a client.

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