Experience

Mark James, MA (Oxon), was called to the Bar in 1987. He 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. He was counsel in the leading case on fundamental dishonesty, LOCOG v Sinfield [2018] EWHC 51. He is the author of the leading textbook on experts, Expert Evidence: Law and Practice (4th ed., 2014)(Sweet and Maxwell).

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

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.

Read more

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.


TGC Costs Newsletter Vol III

10th December 2018

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


View External Link

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.


TGC Costs Newsletter

10th December 2018

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


View External Link

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

Read more

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.

Read more

View External Link

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, London EC4Y 9DA.

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. Typically I will need the information to advise you about your case, represent you in court and/or to draft documents (including court documents) on your behalf.

My 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. Ordinarily my Lawful Basis is likely to be one or more of the following five reasons:

  • 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
  •  Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party

Some of the information you provide to me (e.g. copies of your medical records and details of your address and date of birth) is likely to be in a ‘special category’ of personal data. Usually I will process this data for one or more of the following reasons:

  • The data subject has given explicit consent to the processing of this data for the purpose of advising the data subject about his/her claim, drafting documents (including court documents) or representing the data subject in court;
  • Processing relates to personal data which are manifestly made public by the data subject (e.g. when a document is put into a bundle for use in court); and,
  • Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

I use your information to:

  • Provide legal advice and representation and to draft documents (including documents for use in court);
  • Assist in training pupils and mini-pupils;
  • Enable a paralegal to help me to work on your case;
  • Investigate and address your concerns;
  • Investigate or address legal proceedings relating to your use of my services/products, 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
  • Device IP address
  • Financial information
  • Medical Records
  • Criminal Records

I may share your personal data with:

  • Instructing solicitors;
  • Pupil or mini pupil, under my training;
  • A paralegal under my supervision;
  •  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 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. Generally I will hold you data for at least 7 years. 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 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 at Temple Garden Chambers, London EC4Y 9DA  or clerks@tgchambers.com.

Marketing Opt-Outs

You 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 use cookies to:

  • Validate users;
  • Remember user preferences and settings;
  • Determine frequency of accessing our content;
  • Measure the effectiveness of advertising campaigns; and
  • Analyse site visits and trends.

I will occasionally update my Privacy Notice. When I make significant changes, I will notify you of these through either mail or email. I will also publish the updated Notice on my website profile.