James Plant

James’ practice concerns claims involving serious injuries and death.   He is instructed predominantly by Defendants but remains regularly instructed by Claimants (particularly in Employer’s Liability and eScooter claims).

James is developing a niche practice in e-scooter claims and presented a webinar on this subject which can be viewed here.

He has extensive experience in Employer’s Liability work.  He regularly assists in claims that have complex technical and/or regulatory backgrounds – for example construction, factories, chemicals and agriculture.  He has given numerous talks and written articles in this area.

He is also regularly instructed in RTA, Highway and other Public Liability accidents.

In many claims where he is instructed by Defendants, medical causation is hotly contested.  Injuries typically include subtle brain injuries, amputation, serious orthopaedic injuries, pain conditions, psychological and/or neuropsychological injuries.

He has substantial experience in allegedly dishonest claims.  On numerous occasions Claimants have been found to be Fundamentally Dishonest following James’ cross-examination at trial.  See Civil Fraud section.

James has extensive experience acting for Defendants where fraud and/or fundamental dishonesty have been pleaded or put in issue.

He has been successful on numerous occasions: by applying for QOCS to be disapplied due to Fundamental Dishonesty following the dismissal of claims; in applying for otherwise successful claims to be struck out pursuant to s57 of the Criminal Justice and Courts Act 2015 and due to Claimants discontinuing their claim before or during trial.

He has extensive experience of induced accidents, staged accidents, phantom passengers, malingering or exaggerated injury.

He has experience of viewing / advising on contemporaneous audio or video evidence as well as viewing / advising on video surveillance evidence.  He is very familiar with Claimant investigations including the analysis and deployment of social media evidence, DWP and Medical Records, Employment Records and Strava / similar such records.

He has also uncovered opportunities for alleging Fundamental Dishonesty in trial preparation and successfully run the arguments following cross-examination.

Further he has experience in acting for Claimants where fraud or fundamental dishonesty has been pleaded or raised by way of advising Claimants in conference and/or representing them at trial.

The majority of his work in this area is bringing and, particularly, defending product liability claims.  He is regularly instructed to bring and defend claims and additional claims involving allegedly defective products (particularly resulting in fire) and in Consumer Protection Act 1987 matters.

James also advises and represents individuals, businesses and insurance companies in a wide range of contractual and tortious matters.

James has extensive experience of Costs Law and is regularly instructed in detailed assessments and CCMCs.

James has appeared in numerous inquests (frequently where a Personal Injury claim is pending or anticipated).

James is qualified to accept direct instructions from members of the public.