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 Z464060X.
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 Laughland
James Laughland’s practice is predominantly concerned with personal injury and clinical negligence litigation, motor fraud and costs.
James strives to provide pragmatic and prompt advice, whilst recognising that if contested litigation is unavoidable then good preparation is key. Having been in practice now for over 30 years, there is little left to surprise him and being calm under pressure is but one of the attributes noted in the comments made by the leading directories.
He has been recognised for many years as a leader in each of these fields. Respected by both those acting for Claimants and for insurers, he receives instructions regularly from many leading firms.
James is used to dealing with all aspects of personal injury litigation, including amputations and fatal accident claims. He is keen to ensure that the client, whether a lay client or insurer, understands their options and is properly informed and advised as to the best route forward. Whether the case settles at a round-table meeting or is fought through to trial, James will act as a forceful advocate for those who instruct him. He is also very experienced in issues concerning fundamental dishonesty, having acted for the successful Defendant in LOCOG v Sinfield, the first High Court decision on this issue. His knowledge of costs law also ensures that the most commercially effective outcome can be achieved. James is trained to act as an arbitrator for personal injury cases.
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. The Claimant’s dishonesty related to his claim for commercial gardening assistance. He had claimed that he only employed a gardener as a consequence of the accident, whereas in fact he had done so for many years. In addition, his Disclosure List included invoices from the gardener, but in fact these were documents created by the Claimant himself. The trial judge had found dishonesty but held that it was not “fundamental dishonesty”. That decision was overturned on appeal. As a result of the finding of fundamental dishonesty the claim, valued at some £26,000, was struck out and the Claimant ordered to pay the Defendant’s costs of the action and appeal on the indemnity basis.
James has been involved in litigation in costs ever since his involvement in the leading case on wasted costs, Ridehalgh v Horsefield, in 1994. Over the years, as various forms of CFA regulation have come and gone, James has been at the forefront of what was then termed the costs war, including having advised The Accident Group on the operation of their scheme. For many years, James has advised one of the country’s leading legal expenses insurers, advising on issues concerning the recoverability of their ATE premiums across a spread of work. This has involved him in some of the leading privacy and defamation claims making representations about how ATE facilitates access to justice. James’ knowledge of costs law assists in ensuring that the pragmatic and commercial realities of litigation are addressed throughout his fields of practice. His experience of detailed assessments, and thus the careful consideration of how solicitors’ work, ensures that he understands the importance of a collaborative and pro-active approach to working with solicitors to ensure the best outcome for their client. James is a member of CADR (the Costs ADR service) and is able to offer expert evaluation and early neutral evaluation.
BNM v MGN [2017] EWCA Civ 1767
James Laughland was Junior Counsel in the team that succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the then new test of proportionality applied to still recoverable additional liabilities. The Court of Appeal unanimously held that the saving and transitional provisions in CPR 48, combined with the more limited definition of “costs” applicable since 1 April 2013 (that omits any reference to “additional liabilities”), together operated to preserve the former Costs Rules, with their attendant Practice Directions, to the assessment of costs that include additional liabilities.
Miller v Associated Newspapers Ltd [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. The newspapers unsuccessfully argued that the payment of such additional liabilities amounts to a breach of their Article 10 right to freedom of expression under the Human Rights Act.
Whether it be staged accidents, fictitious accidents, bogus passenger claims, exaggerated injury or incompatibility of damage, James has been involved in cases across the motor insurance fraud spectrum seeking to expose these claims to protect the interests of insurers and the premium paying public. Attention to detail, coupled with dogged determination and a desire to prevent the fraudsters winning, James has long been instructed by the leading firms and insurers in this field who recognise and appreciate the successes achieved. His robust and effective advocacy in cross-examination has often been complimented in the leading directories. Often such claims involve a credit hire element, a topic with which James is fully familiar.
Liverpool Victoria Insurance v Yavuz & oths [2017] EWHC 3088 (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 High Court 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.
Credit hire claims raise potentially complex issues, with which James is fully familiar. The technicalities surrounding the recovery of credit hire charges mean that any advocate involved in such work must be able to spot the good argument or potential loophole. For many years James has been instructed by the leading defendant firms acting for insurers seeking to minimise their outlay on this head of loss. He knows his way around the leading cases and also the related procedural rules, thus achieving consistent success in reducing or defeating these types of claims. James’ knowledge of costs law can also prove effective in challenging the related costs claims and dealing with QOCS issues.
For many years James has acted for Claimants pursuing clinical negligence claims. A wide range of incidents have been addressed providing a range of experience across different medical disciplines. James understands the need for a thorough analysis of the clinical records and is experienced at ensuring that the medico-legal experts undertake a proper review of the material and properly apply their opinions to the relevant legal tests. Managing clients’ expectations in a compassionate manner is also key, as often the consequences of the negligence have to be placed in context alongside the pre-existing illness or disease that led to the treatment being provided.
First High Court decision addressing issues concerning “fundamental dishonesty” within the scope of section 57 Criminal Justice & Courts Act 2015. The Claimant’s dishonesty related to his claim for commercial gardening assistance. He had claimed that he only employed a...
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James Laughland 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...
Read more
Instructed by Atkins Thomson, Simon Browne QC, leading James Laughland, succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new...
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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...
Read more
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...
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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...
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Welcome to the inaugural edition of the TGC Personal Injury newsletter.
Welcome to the third issue of the TGC Clinical Negligence Newsletter. The last six months have seen a steady stream of important decisions with direct or indirect implications for medical negligence practitioners. There has been some disappointment at the initial…
As the legal industry embraces remote working, our TGC Costs Team is hosting a series of Webinars via Zoom. These will be interactive sessions that will be free to join. Our first Webinar will be – Ask the TGC Costs…
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…
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 Z464060X.
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
