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.
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
Mark James
Mark James has been recommended in all the major directories as a leader in his field for the best part of two decades.
Mark is recognised as an expert in the field of costs and also conducts professional negligence claims involving barristers and solicitors as well as dealing with interventions into solicitors’ practices. 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). Mark also undertakes group litigation, construction work and general commercial work.
James is the author of the leading textbook on experts, Expert Evidence: Law & Practice (5th ed., 2020) (Sweet & Maxwell).
Mark has appeared in some of the leading cases on champerty, solicitors’ retainers and other solicitor-client disputes. He frequently appears in applications for wasted and non-party costs. He is commonly asked to advise in cases that raise complicated legal and technical issues (such as the validity of DBAs and funding arrangements in group litigation) and has a reputation for providing incisive and practical advice.
As a result of this expertise he is also frequently instructed in professional negligence claims involving claims against solicitors and/or barristers and SRA interventions into solicitors’ practices. Mark has been recognised as a leading junior for his costs work in both Chambers & Partners and Legal 500 for many years.
Aidiniantz v Riley
Ten day detailed assessment involving complex arguments about whether costs incurred after the relevant costs hours could be included in the bill and whether interest should run from a date before the costs order was made.
Shulman v Kolmoisky [2020] 6 WLUK 620
High Court detailed assessment (“DA”) of a £2.2M bill before Master arising out of a failed $50M. Reduced bill by about half. Preliminary issue on the hourly rates of City solicitors. Case now widely cited on hourly rate for City firms.
Atkinson v MoD Test Case (2020)
8 days High Court DA. In 2015-19 RP’s solicitors successfully brought >2,000 claims for noise induced hearing loss. Preliminary issue on hourly rates (2010) and later inflation to be ignored. Master allowed uplifted hourly rates.
Parsa v DS Smith Plc [2019] Costs LR 331
Appeal to High Court Judge. Issues were whether, in a fixed costs case under CPR Pt 45, court had power to award indemnity costs and/or that the PP’s late acceptance of a Part 36 offer was an “exceptional circumstance” justifying full costs.
XX v YLS (2019)
Early neutral evaluation by High Court Judge concerning difficult construction point on whether a conditional fee agreement (“CFA”) entitled a QC to payment of fees >£100K from sols after a group action failed.
Protopapas v Hatsulis (2019)
Judgment for unpaid fees due to solicitor. Issue was whether the Master was right to assess costs at zero because solicitors had assigned cause of action.
Austin v East Sussex FRS [2019] Costs LR 709
Appeal to High Court Judge. Bill @ £800K. Successfully argued that comments by the Senior Costs Judge (in court below) on the differences between ‘old’ and ‘new’ concepts of proportionality did not undermine his findings on proportionality.
Harlequin Property v ELS Law Ltd
High Court test case (2017). Issue was whether the damages based agreements (“DBA”) between RP’s lawyers and RP were enforceable. A DBA allows a lawyer to be paid a share of damages. If DBA unenforceable RP would recover no profit costs from PP. Bar Council intervened due to importance. Case settled after 2 days.
Mark represented the claimants in the Atomic Veterans litigation (about alleged exposure to radiation during the UK nuclear tests in the South Pacific) in all three phases from High Court to Supreme Court (B v MOD [2013] 1 AC 78). He has acted for large groups of industrial deafness claimants and advised on discreet issues (including costs and disclosure) arising in the vehicle emissions claims, the collapse of a dam in Brazil and deaths at mines in Tanzania. He is commonly involved in analysing and presenting complex issues of expert evidence.
Mark’s personal injury work (which includes clinical negligence) is spread evenly between claimants and defendants. He has developed a specialism in asbestos-related and other disease claims including radiation exposure during the British Atomic Bomb tests in the South Pacific in the 1950s, a case that went to the Supreme Court. He undertakes high-value injury claims (including brain injury cases).
Chouza v Martins [2021] PIQR Q4. Fatal Accidents Act 1976 claim for over £1M throwing up multiple issues including the limits of the dependency; when to depart from conventional multiplicands for financial dependency; and, pain, suffering and loss of amenities for a few seconds of agony before death.
Chouza v Martins [2021] PIQR Q4
Fatal Accidents Act 1976 claim for over £1M throwing up multiple issues including the limits of the dependency; when to depart from conventional multiplicands for financial dependency; and, pain, suffering and loss of amenities for a few seconds of agony before death.
Cable v Liverpool Victoria Insurance Co. Ltd [2020] 4 WLR 110
Claim worth £2.6M wrongly started in Protocol for claims <£25K. Issue was whether the claim should be struck out as an abuse of process.
Rae v M.I.B [2020] EWCA Civ 377
Consent order @ £6.5M approved by court; 90% of damages compensation for future losses. Issue was whether the claimant’s death 10 days after the court approved the settlement undermined that settlement.
L.O.C.O.P.G. v Sinfield [2018] PIQR P8
First High Court case on meaning of “fundamental dishonesty” in s. 57 Criminal Justice and Courts Act 2015.
Pinkus v Direct Line Group [2018] 2 JPIL C107
Issue was whether an email from an expert to a supervising expert seeking assistance on a joint statement following experts’ meeting was privileged.
Mark has a claimant-orientated practice covering a wide range on professional negligence claims.
Claim against solicitor for failing to file key evidence on crucial application and failing to advise about risks of continuing with flawed litigation. Complicated by the losses falling on a funder rather than the solicitor’s client.
Claim against barrister for drafting Particulars of Claim that disclosed no reasonable cause of action or to take points that would have resulted in a lost case being won.
Claim against solicitors for failing to issue claim form within the limitation period where main issue was whether the lost claim would succeed.
Claim against accountant for failing to detect fraud within a company during an audit and/or to properly advise on the tax implications of a director’s loan.
Specialises in fire and property damage claims and policy disputes.
Defending claim against builder for a collapse of a roof at a dental surgery 12 years ago. Issues included limitation and the scope of the professional indemnity cover.
Defending fire claim in large commercial kitchen.
Mark has developed a niche practice of claims against bookmakers (such as Longley v PPB Entertainment [2022] EWHC 977 (QB)). He also undertakes general commercial work including freezing injunctions and injunctions to restrain breach of confidence, claims against fraudulent company directors (including claims under the Insolvency Act 1986) and disputes between shareholders and/or company directors as well as breach of contract claims for sales of goods and services and building and partnership disputes.
Mark James was instructed on a ten day detailed assessment involving complex arguments about whether costs incurred after the relevant costs hours could be included in the bill and whether interest should run from a date before the costs order...
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Simon Browne QC and Mark James successfully argued that the Court of Appeal should allow a £2.2M personal injury claim which had started in the MoJ portal (for claims less than £25,000), which had been an abuse of process, to...
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Mark James was instructed by Levenes on a case regarding whether a defendant’s offer that made no mention of costs actually included an offer to pay costs; and, if it did, whether defendant could overcome the ‘formidable obstacle’ test to...
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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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Whether members of the armed services were ‘employees’ within CPR 45 Part IV. The outcome affected the size of the success fee.
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Collaborative litigation, a more amicable and cooperative approach to dispute resolution, is increasingly gaining traction in the legal landscape. This approach stands in contrast to traditional adversarial litigation, which can often be time-consuming, costly, and emotionally draining. Temple Garden Chambers…
TGC has once again been recognised in the 2024 Legal 500 UK Bar rankings, with 58 individual rankings across 11 practice areas. The Legal 500 UK Bar is a reputable ranking system that recognises the UK’s top barristers and…
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…
Simon Browne QC and Mark James successfully argued that the Court of Appeal should allow a £2.2M personal injury claim which had started in the MoJ portal (for claims less than £25,000), which had been an abuse of process, to…
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.
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
