James Rozier

James has extensive experience of dealing with Multi-Track: occupier’s liability, Highways Act; Health and Safety at Work Act; and RTA claims. He has been appointed as personal injury panel counsel for one of the UK’s largest employers and regularly deals with both complex injury and fatal accident cases.

A significant proportion of his work is paper based, including the drafting of defences, counter-schedules, Part 35 questions, Part 18 questions, and, opinions on prospects of success and/or quantum. James also represents clients in Joint Settlement Meetings (JSMs) and mediations.

Cases of Note:

B v D

For the Defendant – Personal injury claim for £1.3M involving orthopaedic, neurological and psychological injuries. Substantial claims for care and accommodation. Advising, drafting and settlement at JSM for £600k.

J v C

For the Defendant – Personal injury claim for £650k, complex orthopaedic and psychological injuries, advising in respect of liability and quantum, use of social media intelligence, drafting of counter-schedule, claim discontinued.

T v S

For the Defendant- Personal injury claim for £600k, Post Traumatic Stress Disorder (PTSD), complex loss of earnings and pension loss claim, advising on quantum, JSM, settlement.

M v PLC 

For the Defendant – Personal injury claim for £300k, Myalgic Encephalomyelitis (ME)/ Chronic Fatigue Syndrome (CFS) resulting from infection, CCMC, advising on quantum, JSM, settlement.

Odewale v Tower Hamlets

For the Defendant – Personal injury claim for £200k, fibromyalgia and myofascial pain syndrome, drafting defence asserting fundamental dishonesty, surveillance evidence, trial, cross-examination of psychiatric, orthopaedic and pain management consultants, claim dismissed with declaration of fundamental dishonesty, enforceable costs order obtained, claim also referred to the Department for Work and Pensions for investigation, Claimant appeal, appeal dismissed.

James had been regularly conducting CCMCs on behalf of both claimants and defendants in the High Court as well as County Courts since 2013. His experience includes having represented Virgin Atlantic at a CCMC in which the parties’ costs budgets totalled in excess of £800,000.

James represents clients at Joint Settlement Meetings (JSMs), Mediations, Judicial Mediations and Pre-Trial Settlement Hearings (PTSHs).

Cases of Note:

B v D

For the Defendant – Personal injury claim for £1.3M involving orthopaedic, neurological and psychological injuries. Substantial claims for care and accommodation. Advising, drafting and settlement at JSM for £600k.

M v PLC 

For the Defendant – Personal injury claim for £300k, Myalgic Encephalomyelitis (ME)/ Chronic Fatigue Syndrome (CFS) resulting from infection, CCMC, advising on quantum, JSM, settlement.

E v D

For the Claimant – Commercial contract claim, entitlement to commissions, advising, drafting pleadings, judicial mediation before Sir Peter Creswell, settlement.

T v S

For the Defendant – Personal injury claim for £600k – Post Traumatic Stress Disorder (PTSD), complex loss of earnings and pension loss claim, advising on quantum, JSM, settlement.

I v (1) T (2) K

For the Defendant – Orthopaedic and psychiatric evidence, loss of earnings, Smith v Manchester, surveillance evidence, advising on quantum, JSM, settlement.

James is ranked as a Leading Junior in the Chambers and Partners UK Guide for his motor insurance counter fraud work. He has been appointed as Lead Counsel in a UK wide Insurance Operation implemented by one of the UK’s leading insurers which involves over 80 claims and has reserves of over £3.5M. James regularly appears in Fast and Multi Track credit hire cases.

Cases of Note:

Parvez v Calpe Insurance Company Ltd

For the Defendant – Application seeking a non-party costs order against a CHO. CHO ordered to pay 90% of Defendant’s costs.

Turkmen v 1 Davies 2 Another

For the Defendant, instructed by Clyde & Co – Claim for personal injury including credit hire in the sum of £120k – use of Motor Insurance Database (MID) and Motor Trade Search data. Defence drafted alleging fundamental dishonesty on the basis of a staged collision, claim discontinued.

1 Morina 2 Quduss v 1 Other

For the Defendant, instructed by Clyde & Co – Claim for personal injury and credit hire in the sum of £250k – legal argument in respect of specific disclosure, claim discontinued.

Goncalves v George

For the Defendant, instructed by Clyde & Co – Claim for personal injury with credit hire in the sum of £90k – defence drafted alleging fundamental dishonesty on the basis of a staged collision, claim discontinued.

James is ranked as a Leading Junior by Chambers and Partners for his counter fraud work for motor insurers. He conducted his first fraud trial in 2012 and has since been regularly instructed in cases involving fraud and/or fundamental dishonesty. He has extensive experience of advising defendant insurers on issues of evidence, law, procedure, quantum and tactics, as well as drafting pleadings.

He has obtained numerous declarations of fundamental dishonesty in both Fast and Multi-Track cases. James regularly advises clients in relation to disclosure and intelligence gathering and has significant experience dealing with cases involving: ANPR data; telemetry/”black box” data; DPA requests;  Motor Insurance Database (MID) records; social media intelligence; surveillance; HMRC records; DWP records; banking records; medical records; and documents previously relied upon by parties in other proceedings.

Cases of Note:

Motor Insurance Fraud Operation

Multiple claims made by motor insurance fraud ring operating in Greater London area. Intelligence gathering, analysis of social media posts, identifying linking evidence, transfer of claims to same court for case management, pleading of fraud and/or fundamental dishonesty, all claims discontinued.

Watters v Vision Labs Limited

For the Defendant – Personal injury claim, employer’s liability, drafting defence relying upon fundamental dishonesty on the basis of exaggerated injuries, surveillance evidence, trial, claim dismissed with declaration of fundamental dishonesty, enforceable costs order obtained.

J v C

For the Defendant – Personal injury claim for £650k, complex orthopaedic and psychological injuries, advising in respect of liability and quantum, use of social media intelligence, drafting of counter-schedule, claim discontinued.

Odewale v Tower Hamlets

For the Defendant – Personal injury claim for £200k, fibromyalgia and myofascial pain syndrome, drafting defence relying upon fundamental dishonesty, surveillance evidence, trial, cross-examination of psychiatric, orthopaedic and pain management consultants, claim dismissed with declaration of fundamental dishonesty, enforceable costs order obtained, claim also referred to the Department for Work and Pensions for investigation, Claimant appeal, appeal dismissed.

Turkmen v 1 Davies 2 Another

For the Defendant, instructed by Clyde & Co – Claim for personal injury including credit hire in the sum of £120k, use of Motor Insurance Database (MID) and Motor Trade Search data. Defence drafted alleging fundamental dishonesty on the basis of a staged collision, claim discontinued.

1 Morina 2 Quduss v 1 Other

For the Defendant, instructed by Clyde & Co – Claim for personal injury and credit hire in the sum of £257k, legal argument in respect of specific disclosure, claim discontinued.

Goncalves v George

For the Defendant, instructed by Clyde & Co – Claim for personal injury with credit hire in the sum of £85k, defence drafted alleging fundamental dishonesty on the basis of a staged collision, claim discontinued.

James accepts instructions in cases relating to travel and tourism. He has previously been instructed by leading insurers in Multi-Track personal injury cases resulting from injuries suffered abroad which involve jurisdictional issues and conflicts of law.

Recent Cases:

J v (1) Advantage Insurance (2) N (3) AB Lietuvos Draudimas

For Defendant insurer – Multi-Track PI claim resulting from RTA in Poland – parties’ insurers based in both Lithuania and UK – conflict of laws – jurisdiction – application of: EU Articles 4(1), 8(1), 11(b) and 13(2) of Regulation 1215/2012 (“Brussels 1” as “recast”); Directive 2000/26/EC; Regulation 864/2007 (“Rome II”); and Stylianou v Toyoshima [2013] EWHC 2188 (QB).

M v British Airways Plc

For British Airways – Multi-Track PI claim – £300k – claimed myalgic encephalomyelitis (ME)/ Chronic Fatigue Syndrome (CFS) resulting from insect bites – CCMC – advising on quantum – JSM – settlement.

6 Claimants (Consolidated) v Virgin Atlantic Airways

For Virgin Atlantic – six consolidated Multi-Track PI claims – budgeting of £800k of costs – advising – five day trial on liability and quantum – five out of six claims dismissed.