James Bourne-Arton KC - Farrar's Building Barristers Chambers

James Bourne-Arton KC has a strong background in criminal litigation and has developed a specialist practice in professional discipline and regulatory law, drawing on his expertise in cross-examination and oral submissions. He is widely recognised as an accomplished and polished advocate.

He maintains a busy practice representing professionals appearing before their regulatory bodies. He has represented doctors, dentists and nurses facing misconduct allegations as well as individuals subject to proceedings brought by the BSB, SRA, FCA and RICS.

Owing to his criminal law background, James is frequently instructed in complex cases involving issues of dishonesty and requiring careful and effective cross-examination.

He appears in interim and final hearings, as well as appeals in the High Court, and regularly advises on and conducts applications for restoration to professional registers.

James is also regularly instructed to represent police officers facing allegations of gross misconduct, both before disciplinary panels and in the Police Appeals Tribunal.

He has significant experience in inquest proceedings, representing both medical professionals and families of the deceased. He is often instructed in cases involving sensitive issues and complex factual circumstances.

In addition, James has extensive experience in criminal and quasi-criminal matters concerning alleged breaches of regulatory frameworks, including health and safety and environmental legislation.

James is described in the Legal 500 as “A very personable and accomplished advocate.”

Legal 500

“is a calm performer who is unfazed in court, and has a good manner with both court and juries alike”

Legal 500 2022

“A junior who is charismatic and persuasive in court. He has a meticulous eye."

2023

Professional Discipline & Regulation

James Bourne-Arton KC is often instructed at both first instance hearing as well as appeals in the High Court.

He accepts instructions to represent any individual facing proceedings before their regulatory body.

James has represented members of the medical profession facing a wide variety of misconduct allegations from criminal offences, such a theft and sexual assault, to medical malpractice.

He has advised and conducted hearings for accountants, financial advisers and chartered surveyors.

He has given talks on legal developments and differing approaches to sanctions in cases before the Solicitors Disciplinary Tribunal and the Bar Tribunals and Adjudication Service.

Criminal regulatory

Over the course of his twenty-five years practicing as a barrister, James has prosecuted and defended a wide range of individuals and companies relating to regulatory breaches. He is very familiar with proceedings in the Crown Court and Court of Appeal.

Administrative & Public

James has represented a variety of different parties in inquests before coroners alone and Article 2 jury inquests.

In the death of Freddie Civil

James represented the family in this Article 2 inquest. The deceased had died whilst an inpatient at a secure mental health hospital. He had walked off the grounds of the hospital and tragically died of a drug overdose.

Although the questions for the jury to determine were relatively narrow, the inquest demonstrated that the deceased had been let down by the treatment he received at the hospital. The hospital trust implemented changes to their substance abuse care and ensured that similar substance abuse care would be available within a community setting.

Inquest into the death of Rose Carey

James represented the deceased GP medical practice. The deceased had died following an overdose of drugs prescribed to her by the practice. There had been a previous overdose and therefore this was a cause for concern. James was able to establish that the deceased continued to experience significant pain that inevitably required a prescription of pain killers, however the GP practice had reduced the dosage and continued to properly monitor the prescription. The coroner’s findings completely cleared the practice of any wrongdoing.

Inquest for Karen Thompson

The deceased had died from sepsis. The coroner focused on whether more could have been done to identify and treat the infection. James represented a GP who had seen the deceased shortly before her admission to hospital. In cross examination it was possible to establish that at the time the deceased was examined by the doctor her vital signs were normal and he was justified in not admitting her to hospital. The doctor’s actions were not criticised in the coroner and there was no impact on his practice.

European doctor who applied to the GMC and declared a Greek misdemeanour as a criminal conviction but then failed to disclose this to Southampton University when applying to complete a module. She was accused of acting dishonestly and at first instance the panel found her misconduct impaired her fitness to practice and suspended her. On appeal the finding was upheld but the High Court judge did question what the merits of the GMC bringing any case against her in light of the nature of the conviction and the fact she had declared it to the GMC.

Dr Kefala

Chief Constable of Greater Manchester Police v PC K – Successfully overturned the decision of the disciplinary panel on appeal to the Police Appeal Tribunal. The appeal was brought on the basis that the panel’s decision to find the officer’s actions amounted to gross misconduct. The appeal succeeded under rule 4(4)c on the basis the proceedings had not been properly recorded, and this could have materially affected the finding or decision on disciplinary action.

GMC v PC K

Instructed to advise expert witnesses on whether their evidence would breach the official secrets act and what evidence may incriminate them.

HSE v E

Prosecuted a company and its director for breaches of the Consumer Protection from Unfair Trading Regulations 2008.

Regina v Energy Glass