James Yapp

Year of Call: 2014

jyapp@tgchambers.com


Practice Areas


James Yapp

Year of Call: 2014

jyapp@tgchambers.com


Practice Areas




Experience

James has a busy court and advisory practice across Chambers’ core areas. He has appeared in the County Court and High Court on a range of matters. He is regularly instructed in Fast Track and Multi Track trials, applications and CCMCs.

Awards

Baron Dr Ver Heyden de Lancey Prize, Middle Temple;
Astbury Scholarship, Middle Temple;
Viscount Sankey Award, Jesus College;
Law Prize, Jesus College.

Education

Jesus College, University of Oxford: BA Jurisprudence
City Law School: BPTC

Professional Memberships

  • Personal Injuries Bar Association
  • Health and Safety Lawyers’ Association

TGC Clinical Negligence Newsletter – Second Issue

16th November 2021

Welcome to the latest edition of the TGC Clinical Negligence Newsletter.

To help you navigate this edition, here is an overview of what you can expect: –

Procedure, Limitation & Expert Evidence
• To kick us off on recent procedural developments, Marcus Grant considers Calderdale & Huddersfield NHS Foundation Trust v Metcalf [2021] EWHC 611 QB in which the Court handed down a six-month prison sentence against a claimant as punishment for contempt of court for signing statements of truth on court documents containing facts that she knew to be untrue.
• Ellen Robertson looks at Wilkins v University Hospital North Midlands NHS Trust [2021] EWHC 2164 (QB), which considers the old chestnuts of ‘date of knowledge’ for the purposes of limitation and the ‘balancing exercise’ undertaken by the Court when considering whether to utilise its discretion under section 33 of the Limitation Act 1980
• James Arney Q.C. considers PAL v Davidson [2021] EWHC 1108 (QB), an application by a 13-year-old claimant who had suffered catastrophic injuries for an interim payment of £2 million to enable a suitable property to be purchased for her long-term accommodation needs.
Fourthly – and this is itself a new development for the TGC Clinical Negligence Newsletter – we will take you through a quick-fire review of four key cases in the field.

Breach of Duty & Causation
• Turning to questions of liability, James Laughland first considers the Supreme Court’s much awaited judgment in Khan v Meadows [2021] UKSC 21, in which the centrality of the ‘scope of duty’ principle was affirmed as a determinative factor in medical advice cases.
• I (Lionel Stride) then examine the battery of post-Montgomery case law concerning patients’ informed consent to treatment.
• Following on from the above, Robert Riddell analyses Negus (1) Bambridge (2) v Guy’s & St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB), which concerns the extent to which a doctor is under a duty to warn a patient before surgery of the material risk which may arise from intra-operative technical decisions.
• Nicholas Dobbs examines Sheard v Cao Tri Do [2021] EWHC 2166 (QB), which provides an instructive example of the difficulties in clinical negligence claims when resolving conflicts between witness evidence and contemporaneous medical notes.
• James Laughland analyses Davies v Frimley Health NHS Foundation Trust [2021] EWHC 169 (QB) in which the Court considered whether the making of a material contribution to harm was sufficient to establish liability in a clinical negligence claim.
• Rochelle Powell considers Jarman v Brighton and Sussex University Hospitals NHS Trust [2021] EWHC 323(QB), which provides an interesting exposition of the Bolam test in the context of an alleged failure to refer the claimant for an emergency MRI.
• Anthony Johnson considers Brint v. Barking, Havering and Redbridge University Hospitals NHS Trust [2021] EWHC 290 in which the Judge’s consideration of the claimant’s lack of credibility as a witness did not equate to a finding of fundamental dishonesty for the purposes of CPR 44.16.
• James Arney Q.C. analyses XM v Leicestershire Partnership NHS Trust [2020] EWHC 3102 (QB) in which the Court considered the standard of care to be expected from ‘health visitors’; the judgment is a practical application of the principles established in Wilsher and Darnley.
• I (Lionel Stride) then set out a quick-fire summary of some of the other interesting recent clinical negligence cases that did not (quite) make the cut for articles.

Calculation of Damages
• Turning to questions of quantum, Anthon Johnson analyses Reaney v. University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119, which is significant for two reasons: (i) the Court provided guidance on the applicability of the test of causation in a case where a non-negligent injury had been exacerbated by the Defendant’s clinical negligence; and (ii) the Master of the Rolls commented obiter on the applicability of the ‘material contribution’ test in claims of that nature.
• Blowing the final whistle on this edition, James Yapp then considers Owen v Swansea City AFC [2021] EWHC 1539 (QB), in which the Court addressed the question of how to calculate the likely career earnings of a young professional footballer.

We very much hope you enjoy this publication, and welcome any feedback.

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TGC Clinical Negligence newsletter

22nd March 2021

Welcome to the inaugural edition of the TGC Clinical Negligence newsletter, a twice-yearly publication containing articles on recent key legal developments in this field, as well as a selection of recent noteworthy cases in which Members of Chambers have been involved.

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TGC Costs Update – Vol 7 December 2020

17th December 2020

Please see link below to the latest TGC Costs newsletter.

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TGC Fraud Newsletter Issue XI

11th August 2020

Please see link below to the latest TGC Fraud newsletter.

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TGC Costs Newsletter Vol VI

15th July 2020

Please see link below to the latest update from the TGC Costs Team.

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TGC Podcast Covid – 19: RIDDOR Reporting and Causation in a Criminal and Civil Context

10th July 2020

Members of the Health & Safety and PI teams at Temple Garden Chambers have recorded their second podcast in our Covid – 19 series.

 

The podcast is essential listening on the implications for employers and employees in relation to the return to the workplace in the shadow of Covid 19.

 

Please join ranked leaders in the field Keith Morton QC and Dominic Adamson QC along with Lionel Stride, David R White and James Yapp via the below link.

 

The date of knowledge information as mentioned within the podcast can be obtained here.

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TGC Podcast: Avoiding Criminal Enforcement Action & Civil Claims in the Shadow of Covid-19

26th May 2020

Members of the Health & Safety team at Temple Garden Chambers intend to inform and assist in a topical podcast on the implications to employers on workers returning to the workplace in the shadow of Covid 19.

 

Please join ranked leaders in the field Keith Morton QC, Dominic Adamson QC along with Lionel Stride, David White and James Yapp via the link below.

 

More information on the speakers and the areas in which TGC can assist can be found at:

 

www.tgchambers.com

Or by contacting the clerks:

0207 583 1315 or clerks@tgchambers.com

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TGC Costs Newsletter Vol V

10th December 2019

Please see link below to the latest update from the TGC Costs Team.

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TGC Costs Newletter Vol IV

4th June 2019

Please see link below to the latest update from the TGC Costs Team.

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TGC Costs Newsletter Vol III

10th December 2018

Please see link below to the latest update from the TGC Costs Team.

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TGC Fraud Newsletter Issue VIII – July 2018

2nd July 2018

Please see link below for Issue VIII 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 Clinical Negligence Newsletter – Second Issue, November 2021

16th November 2021

Welcome to the latest edition of the TGC Clinical Negligence Newsletter.

As (some measure of) normality has returned to life, there has been an explosion of reported cases of interest to clinical negligence and personal injury practitioners.
We are all now getting used to some of the benefits of ‘mixed working’ (actually being able to work whilst waiting for a delivery!), combined with the relief of seeing friends and colleagues once more. Recent experience suggests that there will continue to be a combination of ‘in-person’ and remote conferences, JSMs/mediations and hearings but it would appear that the courts are unlikely to have as many remote trials as envisaged.
Medical negligence cases arising during the pandemic are now starting to be presented, with an added layer of complexity due to the strained resources during the pandemic. They are likely to keep practitioners busy in the months and years to come.
Whilst the volume of work dials up, however, we can at least now holiday abroad again (or, of course, somewhere equally as exciting like Kent), albeit with the novel fear of catching the lurgy just before, or during, the trip almost equalling any excitement.

Fortunately, if you have to self-isolate, you can now console yourself with this bumper edition of articles, case summaries and case reviews. This edition also includes a review of some older cases (such as Reaney) to remind practitioners of their importance, as well as a study of how the seminal case of Montgomery is being (and has been) applied by the Courts.

Read more

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TGC Fraud Newsletter

11th August 2020

Please see link below to Issue XI of the TGC Fraud newsletter.

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TGC Costs Newsletter

15th July 2020

Please see link  below to the 6th edition of the the TGC Costs Newsletter.

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TGC Costs Newsletter

10th December 2019

Please see link  below to the 5th edition of the the TGC Costs Newsletter.

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TGC Costs Newsletter

4th June 2019

Please see link below for the 4th edition of the the TGC Costs Newsletter.

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TGC Costs Newsletter

10th December 2018

Please see link below to the latest update from the TGC Costs Team.

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TGC welcomes new junior tenants

3rd October 2016

Temple Garden Chambers are delighted to announce that James Yapp and Robert Riddell  have accepted invitations to join chambers after successfully completing pupillage.

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 will take all possible steps to protect your personal information. I am determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information I collect about you, how it is used and shared, and your 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 ZA175213.

Data Collection

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

Our Lawful Basis for processing your 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:

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Examples of legitimate interests include:

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I use your information to:

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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;
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  • Address;
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I may share your personal data with:

  • Instructing solicitors
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  • 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.

Retention

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 claim or dispute;
  • I am legally required to; or
  • There are overriding legitimate business interests, including but not limited to fraud prevention and protecting clients’ safety and security.

Your Rights

The General Data Protection Regulation gives you specific rights around your personal data. For example, you have the right 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 me to stop sending you direct mail, or emails; or in some circumstances ask me 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 your information.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting me in chambers.

I will occasionally update my Privacy Notice