James Nieto

James has considerable experience in dealing with personal injury matters for both Claimants and Defendants. He has extensive experience in acting in matters arising from road traffic accidents, including those with credit hire elements.

James has extensive experience and has been instructed to appear at fast track, intermediate track and multi track trials on behalf of both Claimants and Defendants, as well as CCMCs and a wide range of interim applications.  

James is comfortable dealing with costs, experts and other issues that arise in CCMCs and takes a pragmatic and tactically astute approach when running his cases. James is also happy to advise on liability, quantum and strategy. James also has been able to secure numerous positive results through out of court negotiations including at JSM.

James is keen to continue to develop his growing and busy property damage practice.

James is regularly instructed by Claimants and Defendants to provide advice, drafting and representation in property damage cases both in residential and commercial contexts. He also has experience in dealing with experts. James has experience in a range of property damage cases including damage by flood, fire and sewage.

James also has overlapping experience with product liability cases, including Consumer Protection Act 1987 matters and has been instructed by both Claimants and Defendants to draft and advise in such matters.

James has appeared for insurers on numerous occasions in road traffic matters.

James has provided continuing professional development sessions in the field of property damage and insurance law, including principles of subrogation.

James is able to provide advice, drafting and representation across a broad range of areas of practice including:

Injunction proceedings – James has experience in injunction proceedings including in a high profile case where he acted for a group of anti-vivisection protesters in the High Court:

MBR Acres Limited -v- Free the MBR Beagles – Junior alone- James acted for the third, fifth, sixth, eighth, ninth and thirteenth defendants in this important case concerning the rights of free speech and assembly of protestors and whether to grant injunctive relief to the Claimants. Following legal argument after handing down judgment, James persuaded the Judge to disallow the Claimants’ costs of their first set of particulars of claim and to order no order as to costs in respect of the interim injunction application, effectively resetting the costs position. Reported here.

James has advised upon litigation strategy, merit, drafted skeleton arguments, and has appeared (junior alone) at four hearings in the High Court before Mr Justice Nicklin. The case has involved a wide range of procedural issues and applications, including committal, anonymity, relief from sanctions, amendment to include unlawful means conspiracy and costs.

James has experience of committal for contempt applications.

Landlord & Tenant

James has acted on behalf of landlords seeking possession of their properties for a variety of reasons such as rent arrears or under section 21.

James has advised and represented tenants facing possession proceedings, unlawful eviction and homelessness.

James has also advised and acted in numerous disrepair claims.

Court of Protection

James has experience advising and acting in applications for Deputyship.

James welcomes instructions in regulatory and disciplinary matters, and is developing his practice in these areas, particularly in sporting disciplinary matters.

James has advised and acted in HMO and Food Hygiene matters. James also acted in a reported case regarding continuing offences arising from an HMO:

Luton Borough Council -v- Altavon and Others – Junior alone – James acted for the Second Respondent of three in this appeal by way of case stated heard by Davies LJ and Goss J.  The First Respondent did not take part in the appeal proceedings. The appeal concerned continuing offences in an HMO and when time ran for the commission of the offences for the purposes of laying an information in the Magistrates’ Court. Reported here.

James frequently appears in court on multi track and fast track trials and has significant experience in matters arising from QOCS and in running cases where fundamental dishonesty is in issue.

James regularly appears in causation trials where exaggeration of symptoms is a central issue and has acted in numerous cases where LVI has been raised.

James also has extensive experience of representing Claimants in cases where fraud or fundamental dishonesty have been alleged and prides himself on providing realistic and tactically aware advice to his clients. James’ approach to such cases has enabled him to achieve numerous positive outcomes for his clients.

James has experience of drafting particulars of claim in respect of accidents involving foreign insurers.

James also has experience advising on Montreal Convention claims.

James has extensive experience in criminal litigation and has successfully acted in numerous cases, including jury trials, almost entirely on behalf of defendants.

James has dealt with technical arguments on evidence, civil applications in the criminal courts, and made a number of successful half time submissions and applications to dismiss. He also has significant experience in motoring matters.

James also has experience with private prosecutions and prosecutions for regulatory offences.