Experience

James’ practice is predominantly concerned with personal injury litigation, motor fraud and costs. He is recognised by the leading legal directories as a leader in each of these fields.  Respected by both those acting for Claimants and for insurers, he receives instructions regularly from leading firms such as DWF, Kennedys and Irwin Mitchell. James also has experience of all aspects of costs and regularly represents a leading legal expenses insurer on matters concerning their ATE products.

Directories

‘Helpful, approachable, knowledgeable and unflappable.’ Legal 500 2019 (Costs)

‘Strong all-rounder who gives pragmatic advice and is very approachable.’ Legal 500 2019 (Personal Injury)

‘Robust in cross-examination, excellent drafting and analytical skills which is key in the insurance fraud field.’ Legal 500,2019 (Insurance Fraud)

“A tough negotiator, who is compassionate and caring with clients.” Legal 500 2017 (Personal Injury)

“A sound advocate with unsurpassed legal knowledge” Legal 500 2017 (Costs)

“A leading costs junior who knows the law on ATE and success fees like the back of his hand.” Chambers & Partners 2017 (Costs)

“He’s a great all-rounder who is quick at turning papers around. You know he’ll fully consider them and look at every bit of detail. His advocacy is great as well.”
Chambers & Partners 2017 (Motor Fraud)

“He tailors his advice to the client. A very good advocate, very well prepared and very good tactically.” Chambers & Partners 2017 (Personal Injury)

“He provides strong technical knowledge and pragmatic advice.” Legal 500 2016 (Costs)

“He is a tough negotiator and an impressive advocate.” Legal 500 2016 (Personal Injury)

“He’s masterful as an advocate and his paperwork is supreme.” Chambers & Partners 2016 (Costs)

“He is always fully prepared, has excellent attention to detail and is very client-focused. He is a pleasure to work with.” Chambers & Partners 2016 (Personal Injury)

“He is a great advocate who is masterful in cross-examination and completely at ease when thrown curve balls.” Legal 500, 2015 (Personal Injury) 

“He has great ability to know which cases are sensibly viable.” Legal 500, 2015 (Costs)

“He has a great ability to think on his feet.” Chambers & Partners 2015 (Costs) 

“Robust, clear and organised, he takes a very thorough approach to cases.” Chambers & Partners 2015 (Motor Insurance Fraud) 

“He is excellent – he takes a lot of time when preparing, is knowledgeable and gets on well with clients. He is very reliable.” Chambers & Partners 2015 (Personal Injury)

“A standout barrister at the cutting edge of costs law, with great advocacy skills.” Legal 500, 2014 (Costs)

“Equally impressive in court and in settlement discussions.” Legal 500, 2014 (Personal Injury)

“He has both great technical knowledge and a pragmatic mindset, making him highly attractive to those that instruct him”. … “He’s very robust and confident in his opinions. From our point of view, time is very often of the essence, and he’s quick at dealing with issues.”  Chambers & Partners 2014 (Costs)

“He’s very effective at cross-examining and has the ability to take a witness apart.” “He gives clear, robust advice, his conferences are well-structured and clients find him easy to follow. He’s also a pretty tough negotiator.” Chambers & Partners 2014 (Personal Injury)

Education

University of Kent, BA (Hons) Law

Professional Memberships

Personal Injury Bar Association

Public Access

Undertakes Public Access work

Connect

LOCOG v Sinfield [2018] EWHC 51 (QB)

First High Court decision addressing issues concerning “fundamental dishonesty” within the scope of section 57 Criminal Justice & Courts Act 2015.

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Liverpool Victoria Insurance v Yavuz & oths [2017] EWHC 3099 (QB)

Appeared for the successful insurer in a 5-day contempt of court application against 9 Defendants. It was alleged that each had made false statements of truth in County Court personal injury claims in relation to 3 road traffic accidents that had not, in truth, ever occurred or not as described. The Judge was satisfied beyond reasonable doubt that the allegations were proved and imposed prison sentences ranging from 16 months to 4 months, suspended, on all the Defendants.


BNM v MGN Limited [2017] EWCA Civ 1767

Instructed as junior counsel, led by Simon Browne QC, acted for the Claimant in her successful leap-frog appeal to the Court of Appeal against the decision of the Senior Costs Judge that the new test of proportionality applies equally to all costs, including additional liabilities.


Miller v Associated Newspapers [2017] UKSC 33

Supreme Court. Newspapers’ Article 10 challenge to the payment of Additional Liabilities. James Laughland appeared as Junior Counsel for one of three Respondents in a combined leap-frog appeal brought by three newspapers (The Times, Daily Mail & Mirror) against their liability to pay success fees and after the event insurance premiums to successful litigants in publication cases.

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Broadhurst v Tan [2016] EWCA Civ 94

Appeared for the Defendants in this expedited appeal heard before the Master of the Rolls and others concerning the issue of whether In fixed costs personal injury claims governed by CPR Pt 45 s.IIIA, costs were payable on the indemnity basis under CPR r.36.14 where a claimant made a Part 36 offer and then obtained judgment which was more advantageous than the offer.

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Da Costa & anr v Sargaco & anr [2016] EWCA Civ 764

James Laughland, acted for the Defendant insurer on appeal where the issue for determination was whether a Judge had been right to exclude a Claimant, against his will, from court whilst another gave his evidence. Fraud had been alleged and the trial judge agreed to the Defendant’s request that one Claimant be kept out of court whilst the other was cross-examined.

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Nokes v Heart of England NHS Foundation Trust [2015] EWHC B6 (Costs)

A claimant in clinical negligence proceedings was able to recover in full by way of costs the premium she paid for an after-the-event insurance policy. This was the first SCCO case to consider the reasonableness of a post-LASPO clinical negligence ATE premium.


National Crime Agency v Namli & Topinvest Holding International Ltd [2013] EWCA

Damning findings made against the First Defendant by the  Judge below when making a civil recovery order against him and his company justified requiring him to give security for the costs incurred by the NCA in opposing their appeal against the order and for the costs of the proceedings below.


The Azimi Group of Cases

Acted for the Defendants in some of the 8 cases heard consecutively before HHJ John Mitchell at the County Court at Central London in which he concluded, based upon reliance on similar fact evidence, that all the cases were deliberate slam-on collisions and dismissed all the claims.


Heron v TNT & Mackrell Turner Garrett [2014] 1 WLR 1277; [2013] 4 Costs L.R. 551

Consideration by the Court of Appeal of whether a judge had been right to refuse an employer’s application for a non-party costs order against its employee’s solicitors, instructed on a CFA, in personal injury claim he had brought against them. The employers had not shown that in failing to obtain ATE insurance for the employee the solicitors had become a “real party” to the litigation.


Monk v Cann Hall Primary School and Essex County Council [2013] EWCA Civ 826

Court of Appeal decision on relationship between damages for unfair dismissal and common law damages for negligence causing person injury in the context of a dismissal. The Court of Appeal held that the Judge had been wrong to strike out the claimant’s case


Seaga v Harper (No. 2) [2009] UKPC 26

Consideration by the Privy Council of whether litigation could be funded by way of a CFA with recoverable success fee and ATE for litigation undertaken before that Court in the UK, but emanating from a  Commonwealth jurisdiction where CFAs were not available.


Oriakhel v Vickers & Groupama Insurance Co Ltd & others [2008] EWCA Civ 748

Consideration by the Court of Appeal of the circumstances in which it would be right to make a non-party costs order against a witness alleged to be a party to a conspiracy to bring a dishonest insurance claim.


TGC Costs Newsletter

17th May 2018

Please see link below to the latest TGC Costs Newsletter.


View External Link

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

Cook on Costs: Jackson Review Supplement

31st July 2013

With Joanna Hughes, wrote the chapters on Conditional Fee Agreements, After The Event Insurance and Damages Based Agreements for Cook on Costs’ “Jackson Review Supplement”.


TGC Costs Newsletter

17th May 2018

Please see link below to the latest TGC Costs Newsletter.


View External Link

Husband and wife guilty of Contempt of Court

28th February 2018

James Laughland, on instructions from Gary Orritt of DAC Beachcroft, today secured findings of contempt of court against husband and wife, Harjit Singh Kapoor and Kuljit Kaur Kapoor of Brentford, London.

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HIGH COURT JUDGE RULES ON SECTION 57 FUNDAMENTAL DISHONESTY

22nd January 2018

James Laughland, instructed by Roger Jones of Kennedys Law LLP, acted for the appellant who successfully challenged the trial judge’s finding that whilst there had been dishonesty, there had not been “fundamental dishonesty” within the scope of section 57 Criminal Justice & Courts Act 2015. Mark James, also of Temple Garden Chambers, acted for the Respondent. Both had appeared at trial and on appeal

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Supreme Court Awards Indemnity Costs

10th July 2017

The Supreme Court has ordered Associated Newspapers Ltd, publishers of the Daily Mail, to pay costs on the indemnity basis. James Laughland, led by William McCormick QC of Ely Place Chambers, acted for the Claimant in one of the three appeals heard by the Supreme Court concerning whether additional liabilities are recoverable in publication proceedings.

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Supreme Court Victory

11th April 2017

Simon Browne QC and James Laughland appeared for two separate successful Respondents in the Supreme Court. Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights

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Court of Appeal considers whether, in a fraud case, one Claimant can be excluded from court whilst another Claimant gives their evidence

14th July 2016

James Laughland, instructed by Gemma Wilkinson of Keoghs, acted for the Defendant insurer where the issue for determination was whether a Judge had been right to exclude a Claimant, against his will, from court whilst another gave his evidence. Fraud had been alleged and the trial judge agreed to the Defendant’s request that one Claimant be kept out of court whilst the other was cross-examined.

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Privacy Notice

When instructed in a case I will need to collect and hold personal information in order to represent my client. I will take all reasonable steps to protect personal information and the personal information of others that is provided to me. I will do all that I reasonably can not to do anything that would infringe a data subject’s rights or undermine their trust. This Privacy Notice describes the information I collect, how it is used and shared, and people’s rights regarding it.

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 Z464060X.

Data Collection

All or the vast majority of the information that I hold is provided to or gathered by me in the course of a case and/or proceedings. The solicitor and/or I will explain why we need the information and how we will use it.

Our Lawful Basis for processing personal information

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 myself, 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.

My Lawful Basis is:

  • The data subject has consented to the processing.
  • The processing is necessary:

a. in relation to a contract which the data subject has entered into; or

b. because the data subject has asked for something to be done so they can enter into a contract.

  • The processing is necessary because of a legal obligation that applies to me and my practice.
  • The processing is in accordance with the ‘legitimate interests’ condition.
  • The individual whom the sensitive personal data is about has given explicit consent to the processing.
  • The individual has deliberately made the information public.
  • The processing is necessary in relation to legal proceedings; for obtaining legal advice; or otherwise for establishing, exercising or defending legal rights.

and my Legitimate Interest is that such is necessary for the proper discharge of my professional responsibilities and obligations to clients, opponents and the Court.

I use personal information to:

  • Provide legal advice and representation
  • Assist in training pupils and mini-pupils
  • Investigate and address any client’s concerns;
  • Communicate with clients about news, updates and events;
  • Investigate or address legal proceedings relating to the use of my services, or as otherwise allowed by applicable law;

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:

Client Data

  • Name
  • Email
  • Phone number
  • Address
  • Payment or bank details
  • Date of birth
  • Location details
  • Financial information
  • Medical Records
  • Criminal Records

I may share personal data with:

  • Instructing solicitors
  • Pupil or mini pupil, under my training
  • Opposing Counsel, for the purposes of resolving the case
  • My Chambers’ management and staff who provide administrative services
  • My regulator or legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where I ask and obtain 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 personal data while someone remains a client unless asked 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 information upon request unless:

  • There is an unresolved issue, such as claim or dispute, or the limitation period in respect of such a claim has not expired;
  • I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting customers’ safety and security.

Your Rights

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

Accessing and Correcting Information

A data subject may request access to, correction of, or a copy of the information held by me by contacting me at jlaughland@tgchambers.com and / or by telephone at 020 7583 1315 and / or in writing to me at James Laughland, Temple Garden Chambers, 1 Harcourt Buildings, Temple, London EC4Y 9DA.

Marketing Opt-Outs

Clients may opt out of receiving emails and other messages from my Chambers by following the instructions in those messages.

Cookies

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. The Chambers website may use cookies to:

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I will occasionally update my Privacy Notice. When I make significant changes, I will give notice of this by publishing the updated Notice on my Chambers’ website profile.