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Excellent preparation and written work, user friendly, always contactable, commercially aware.
Legal 500
Clinical Negligence
James’s expertise in clinical negligence has been built on his extensive personal injury practice which frequently involves consideration of complex clinical issues and his considerable experience in professional negligence, disciplinary and regulatory matters.
In the past year James has acted and advised in matters involving the following wide ranging and complex issues of clinical judgment and expertise:
- The misdiagnosis and consequent potentially negligent treatment of a minor for PTSD following a serious road traffic collision;
- The (mis)interpretation of an advanced brain scan;
- The infection of a wound in surgery leading to a substantial risk of lower limb amputation; and
- Whether colorectal surgery had been performed negligently.
The potential quantum in all of the above cases was in excess of £1 million.
As well as over twenty years’ experience of dealing with complex clinical issues, James brings an in depth understanding of the standards to which the clinical professions are held in practice by virtue of his work representing parties before the relevant tribunals of the General Medical Council and Nursing and Midwifery Council.
View full profile >>Notable Cases
Atkinson v Pathak (2015) EWHC 1120
James was instructed by the Defendant insurer to defend a claim involving a Claimant who had been working as a self-employed gardener when in December 2009 the First Defendant -insured by the Second Defendant- had negligently run over his left foot when mounting the pavement in the course of doing a U-turn. The Claimant sought a total award of damages in excess of £600,000.
Szura v Dixey
Represented a Claimant injured in an rta who alleged that she sustained a moderate brain injury. This was hotly disputed by the experts (Neurologists, Psychiatrists and Neuro-Psychologists) and was heard over a five day High Court trial before HH Judge Forster QC sitting as a High Court Judge. The issue was determined in the Claimant's favour and quantum was settled. The case was one of the first in the High Court (indeed in any court) to involve experts giving evidence concurrently ('hot tubbing').
Cass DA v (1) C & C Plumbing & Heating (Southern) Ltd (2) C & C Carpentry Services Ltd (3) Bellway Homes Ltd
Successfully represented a Defendant in a claim arising out of a fall through a roof on a construction site that was heard over a number of days before HH Judge Moloney QC. The claim involved complicated questions of engineering evidence relating to the building methods and materials used.
Thompson F v Asphaltic Roofing Supplies Ltd
Successfully represented a Defendant in a claim where it was alleged that a hydraulic arm had malfunctioned and injured the Claimant. The matter was heard before HHJ Hand QC and involved lengthy and technical expert engineering evidence.
If you would like to instruct James Pretsell or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive/Director of Clerking, Paul Cray. Our phone number is +44 (0)20 7583 9241. Alternatively, please email us at chambers@farrarsbuilding.co.uk
For more information about our clerking team, please click here for the clerks page.
Appointments & Memberships
- RFU Judicial Panel Member
- Chairman of the Appeals Tribunal of the Showmen’s Guild of Great Britain
- Personal Injury Bar Association
- Association of Regulatory & Disciplinary Lawyers
- British Association for Sport & Law
- Accredited Advocacy Trainer (Gray’s Inn)
- Sport Resolutions Pro Bono Service
Education & Qualifications
- Karmel Scholar & Prince of Wales Scholar, Gray’s Inn
- BVC (with Distinction in Advocacy), Inns of Court School of Law
- Dip Law (Commendation), City University
- BA in French & Philosophy (First Class), University of Bristol
Directory Quotes
James is ranked as a ‘Leading Junior’ for Personal Injury in both Chambers UK and Legal 500.
“He has excellent advocacy skills and technical skills.” Chambers UK
“James is clever, succinct and straightforward to deal with.” Chambers UK
“James is personable, engaging and a strategic thinker.” Chambers UK
‘Excellent preparation and written work, user friendly, always contactable, commercially aware.’ Legal 500
He has a wonderfully relaxed manner with clients which makes him very reassuring.’ Legal 500
‘James has a meticulous eye for detail and achieves excellent outcomes.’ Legal 500
Personal Interests
James interests include playing for and now supporting London Welsh, cycling, skiing and cricket.