TGC Personal Injury Newsletter – Issue 1
Welcome to the inaugural edition of the TGC Personal Injury newsletter.
Temple Garden Chambers is a leading common law set based in London and The Hague.
With excellence from top to bottom Chambers provides a first class service in a number of different fields.
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 reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not 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 Z3103637.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
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:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
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:
I May Share Your Personal Data With:
Transfers To Third Countries & 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 and for as long as in necessary for me to meet my legal and professional obligations. 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.
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 me 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 and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
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:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
James Henry specialises in cases involving personal injury and insurance related work.
He is also well known for his expertise in insurance fraud litigation and has extensive advisory and trial experience in high temperature cases where allegations of dishonesty arise.
James also has considerable experience in the related fields of costs, credit hire and coronial law.
James is an experienced advocate dealing with all aspects of Multi Track personal injury and fatal accident claims. He is instructed by both claimants and defendants and has particular interests in brain and spinal injuries, pain conditions and complex orthopaedic injuries.
Before coming to the Bar James worked for a major national insurance law firm of solicitors. His experience of the commercial realities of insurance-backed litigation is reflected in his advice and his approach to the analysis of risk in every case.
R v GSC
Acted for the Defendant in a claim pleaded at £1.8M involving neurological, spinal and psychiatric injuries, including an instability in the structures of C1/2, trigeminal nerve pain and PTSD. C had been a nurse. Her pleaded case was that she would not be able to work again and would require care for life. The Defendant advocated for a multidisciplinary treatment programme that would allow C to return to sedentary work in some capacity and reduce or eliminate her care needs. The case was settled at a JSM between the parties’ respective positions for £475,000.
N v A (1) Insurer (2)
Acted for the Claimant who suffered serious orthopaedic and urological injuries. The primary dispute was whether C was able to continue working as a production operative in a car factory (albeit with ‘restricted worker’ status), or whether she was entitled to claim compensation on the basis of her re-training to become a nail technician and work from home to manage her symptoms. There were also significant disputes over the modes of treatment and likelihood of future surgeries. The case was settled at a JSM between the parties’ respective positions for £680,000.
N v R (1) Insurer (2)
Acted for the Claimant, a 21-year-old man who was injured in a motorbike accident, leaving him without fine motor skill in his non-dominant hand. C did not have formal qualifications, but had been working as part of an Ambulance crew and planned to do ‘on the job’ training with the aim of qualifying as a paramedic. He contended that he could not pursue his chosen career because of his injury. D’s case was that C would never have qualified as a paramedic. The case was settled at a JSM between the parties’ respective positions for £315,000.
L v Insurer
Acted for the Defendant in this traumatic brain injury claim involving contested evidence from neurologists, neuropsychologists and neuropsychiatrists. C’s case was advanced at just under £1M, the bulk of which related to loss of earnings as the head of design at a fashion house. The case settled for £300,000.
B v G (1) Insurer (2)
Acted for the Claimant who injured his ankle in a motorbike accident aged 16. The only significant dispute between the parties was whether C would have had a successful career professional rugby league player. C advanced a loss of chance claim based on 5 likely career scenarios. D adduced expert evidence from a sports agent and asserted that C’s prospects of a successful career were slim at best. The case was settled at a JSM between the parties’ respective positions for £135,000.
E v R & R
Acted for the claimant, a 73-year-old man who suffered spinal injuries after a workplace fall from height. Contributory negligence and causation in were dispute. C made a remarkable recovery in the circumstances, but maintained that he would have continued to work as a dry liner until at least age 75. The claim was settled for £100,000.
S v K
Acted for the Claimant in a negotiated settlement of £175,000 involving a significant causation dispute arising from orthopaedic injuries sustained a bicycle accident. D relied upon the Claimant’s pre-accident history of psychiatric issues to contend that C was unlikely to have achieved his desired role as a headteacher of a Special Educational Needs school. C maintained his claim for loss of earnings and the claim was compromised between the best-case figures.
James has extensive trial and advisory experience in cases where allegations of dishonesty arise. His current practice is predominantly in the field of motor insurance fraud, but he also acts for major insurers in cases of first party fraud and policy disputes involving coverage and indemnity, repudiation and avoidance, including business protection, motor trade, fleet policies, theft, flood, contents and property damage.
James regularly secures findings of fundamental dishonesty in staged and induced motor claims, causation disputes, and phantom passenger claims. He also has over 10 years experience of tort of deceit claims, proceedings for contempt of court and complex fraud rings.
Bottea v McCallum
One of the first findings of fundamental dishonesty by remote video link following the Covid-19 lockdown.
LV= v Hall (QBD)
Dishonest litigant sentenced to 5 months’ immediate custody for false personal injury claim. James acted at the sentencing stage.
Solomon v AXA
Dismissal of entire claim (including PI and special damages), despite admitted vehicle damage, following application of s.57 of the Criminal Justice and Courts Act 2015.
Sobieraj & 3 Ors v Pilarski (1) Insurer (2)
Findings of fundamental dishonesty against claimants who had staged a collision with the First Defendant. Inconsistent routes, mapping evidence and adverse inferences were all crucial to the success.
Bernas & 6 Ors v Jennings
Seven fraudulent ‘slam-on’ claims defeated following a 5-day trial involving telematics ‘black-box’ data.
Acted for the Defendant in a claim pleaded at £1.8M involving neurological, spinal and psychiatric injuries, including an instability in the structures of C1/2, trigeminal nerve pain and PTSD. C had been a nurse. Her pleaded case was that she...
Read more
Acted for the Claimant who suffered serious orthopaedic and urological injuries. The primary dispute was whether C was able to continue working as a production operative in a car factory (albeit with ‘restricted worker’ status), or whether she was entitled...
Read more
Acted for the Claimant, a 21-year-old man who was injured in a motorbike accident, leaving him without fine motor skill in his non-dominant hand. C did not have formal qualifications, but had been working as part of an Ambulance crew...
Read more
Acted for the Defendant in this traumatic brain injury claim involving contested evidence from neurologists, neuropsychologists and neuropsychiatrists. C’s case was advanced at just under £1M, the bulk of which related to loss of earnings as the head of design...
Read more
Acted for the Claimant who injured his ankle in a motorbike accident aged 16. The only significant dispute between the parties was whether C would have had a successful career professional rugby league player. C advanced a loss of chance...
Read more
Acted for claimant, a 73-year-old man who suffered spinal injuries after a workplace fall from height. Contributory negligence and causation in were dispute. C made a remarkable recovery in the circumstances, but maintained that he would have continued to work...
Read more
Welcome to the inaugural edition of the TGC Personal Injury newsletter.
Welcome to the latest edition of the TGC Fraud Update. These are busy times. As foreshadowed in previous editions of this update, the introduction of the whiplash reforms has seen a substantial rise in the ‘layering’ of previously straightforward claims…
Welcome to the latest edition of the TGC Fraud Update. At the time of our last Update we were in the midst of the pandemic, a vaccine was a distant dream, and only a handful of remote hearings had led…
Please see link below to Issue XI of the TGC Fraud newsletter.
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 reasonable steps to protect your personal information. I will do all that I reasonably can to ensure I do not 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 Z3103637.
Data Collection
All of the information that I hold about you is provided to me or gathered solely in the course of and for the purposes of your case, proceedings or any related matter.
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:
Examples Of Legitimate Interests
My Lawful Basis is Legitimate Interest namely the provision of professional services to you and the proper exercise of my professional obligations and responsibilities. My Lawful Bases may also include: consent and/or performance of a contract with you or steps to enter a contract with you and/or compliance with a legal obligation. In so far as I process sensitive personal data that is necessary in relation to legal proceedings and/or obtaining legal advice and/or otherwise for establishing, exercising or defending legal rights and/or for administering justice.
I Use Your Information To
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:
I May Share Your Personal Data With:
Transfers To Third Countries & 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 and for as long as in necessary for me to meet my legal and professional obligations. 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.
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 me 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 and this is the organisation that you can complain to if you are unhappy with how I dealt with you.
Accessing & Correcting Your Information
You may request access to, correction of, or a copy of your information by contacting me in writing at my registered address.
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:
I May Update My Privacy Notice
When I make significant changes, I will publish the updated notice on my website profile.
Updated: 01/11/2022
Temple Garden Chambers
About Us
Contact Details
London
Temple Garden Chambers
1 Harcourt Buildings
Temple
London
EC4Y 9DA
DX: 382 London Chancery Lane
Phone: +44 (0)20 7583 1315
Email: clerks@tgchambers.com
The Hague
Temple Garden Chambers
Lange Voorhout 82
2514 EJ The Hague
Netherlands
Phone: +44 (0)20 7583 1315
Email: tgchague@tgchambers.com
© Temple Garden Chambers. All Rights Reserved.
Barristers regulated by the Bar Standards Board.
London
Temple Garden Chambers
1 Harcourt Buildings
Temple
London
EC4Y 9DA
DX: 382 London Chancery Lane
Phone: +44 (0)20 7583 1315
Email: clerks@tgchambers.com
The Hague
Temple Garden Chambers
Lange Voorhout 82
2514 EJ The Hague
Netherlands
Phone: +44 (0)20 7583 1315
Email: tgchague@tgchambers.com
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