James Plant

His advice is always extremely thorough and his tactical awareness and insightful thinking are most impressive.

Anand Raghupati, Partner Motor, DWF Law LLP (Liverpool)

James’ practice consists of three main areas of work: Personal Injury, Property Damage and Product Liability.

James is instructed by Claimants and Defendants in a wide range of Personal Injury matters involving serious injury and death.  He has extensive experience of (and a particular interest in) accidents at work.  His quantum caseload generally consists of claims involving subtle brain injuries, amputation, serious orthopaedic injuries, pain conditions, psychological and/or neuropsychological injuries.

James has a growing Property Damage practice and is, again, instructed by Claimants and Defendants.  The majority of his work is acting in claims for damage caused by fire and flood where allegedly defective work, plant or products are blamed.

James’ Product Liability work overlaps with the two areas above.  He is involved in bringing and defending product liability claims in contract and in tort.  He has particular expertise in automotive / motorcycle / bicycle cases, building products, plant / machinery, consumer goods and food.

In all practice areas James is regularly instructed to advise, draft pleadings, attend interlocutory hearings and conduct trials.  James is frequently asked to assist with expert technical / medicolegal evidence, to advise on strategy / tactics, where liability is in issue and in complex quantum disputes.

He is described as an “excellent advocate” who “provides unequivocal, well-considered advice” by clients who have “no hesitation at all in recommending [him]”.  He regularly writes articles and gives talks on subjects within his practice areas.

His London practice and home near York means that he is ideally placed to undertake court work particularly in the capital and in the North of England but also throughout England and Wales.

Commercial

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.

Costs

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

Civil Fraud

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.

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.

Inquests

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

Personal Injury

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 claims).

He has extensive experience in Employer’s Liability work.  He regularly assists in claims that have  complex technical and/or regulatory backgrounds – for example chemicals, plant, machinery, work equipment and PPE.  He has given numerous talks and written articles in this field including an article examining claims against employers arising out of PPE provision during the COVID-19 pandemic: click here.

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 in recent cases 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.

Public Access

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

Notable Cases


T v S and others (ongoing)
Acting for retailer of a product the use of which lead to the death of the Claimant’s employee in multi defendant contribution claim up the supply chain.

S v A (ongoing)
Acting for homeowners in claim against swimming pool supplier / installer following a fire at the Claimants’ property. Claim brought for breach of contract and/or in negligence.

Williamson v Speedway Motorcycles Limited (2019)
Acted for Defendant Motorcycle vendor in Personal Injury claim arising out of the Claimant’s fall from her motorcycle allegedly caused by the handlebars slipping in their clamp. Instructed from Defence to trial where the claim was ultimately dismissed.

Read more

S v E (2019)
Represented Defendant in pedestrian claim pleaded at almost £3m. Complex leg fracture eventually resulting in substantially delayed surgical below knee amputation of leg of a man in his 40s and the loss of his job. Expert evidence included prosthetics, care and accommodation experts on both sides. Successfully concluded at a JSM.

C v X (2018)
Represented Defendant in claim arising out of a fall caused by a falling stack of shopping baskets. Claim included issues of somatoform disorder, conscious / unconscious exaggeration as well as psychogenic (specifically iatrogenic) pain and a complex interplay with the Claimant’s companion / carer. The Defendant took issue with the veracity of some heads of loss. It was successfully concluded at a JSM.

Sheridan v Diamond Domestic Cleaning Services (2017)
Successfully represented the Claimant at separate liability and quantum trials. The Claimant suffered an intra-articular fracture of the femur with a background of pre-existing rheumatoid arthritis. Medical experts from both sides gave evidence at trial. The Claimant’s Part 36 offer was exceeded.

Read less

If you would like to instruct James Plant or would like help or advice in doing so, please call and talk to our excellent clerking team, led by Chief Executive, Alan Kilbey MBE. 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


Personal Injuries Bar Association

South Eastern Circuit

Advocate (formerly Bar Pro Bono Unit)

Free Representation Unit

Education & Qualifications


Harmsworth Scholar, Middle Temple

BVC (Bar Vocational Course), College of Law, London

PgDL (Postgraduate diploma in law), College of Law, London

BA (Hons) English Language and Literature, Liverpool University

Testimonials


“James is a go-to at Farrar’s for product liability cases, in a range of sectors including chemicals and automotives. He is thorough, quick to respond, and willing to debate issues on cases. He provides unequivocal, well-considered advice.”

David Kidman, Partner Global Casualty and Property, DWF Law LLP (London)

 

“I have instructed James Plant for a number of years on Personal Injury (Defendant) cases and have been extremely pleased with his results for my clients. His advice is always extremely thorough and his tactical awareness and insightful thinking are most impressive. I have no hesitation at all in recommending James.” Anand Raghupati, Partner Motor, DWF Law LLP (Liverpool)

 

“James is well known to our Product Liability team, and we have worked with him for some time.  He has consistently shown that he has an excellent understanding of product claims, including claims brought under the CPA, in contract and in negligence.  He is reliable, clear-headed and quick to grasp the key issues in any case.  And we also recently had the pleasure of briefing James for a trial where he proved to be an excellent advocate.”

Daniel West, Partner, BLM (London)

 

“As a firm we have instructed and briefed James many times in Road Traffic Accident and, particularly, Employer’s and Public Liability cases. His advices are always comprehensive, tactically astute and on point and we have been delighted with results at interlocutory hearings and at trial. His awareness of the commercial practicalities involved in PI litigation makes him stand out. He is always prepared to go the extra mile in providing guidance to our team and his assistance is invaluable. We wouldn’t hesitate to recommend him to others.”
Anna Theodorides, Principal, AMV Law (London)

Previous Employment


Prior to being called to the Bar James worked for a leading PR and Marketing Communications agency.  His work included the research and production of business conferences, the management and development of staff and future business strategy.  His conferences received national and European media coverage and covered a broad range of industries: air transport, rail transport, media, utilities and the financial services.

He finds that this past experience continues to assist him today – he has had the benefit of working in a commercial (and non-legal) arena and also has a good understanding of the workings of many different commercial and technical environments.

Personal Interests


Primarily James’ time off work is spent with his wife and young children.  He enjoys cooking (occasionally competently) and tries to balance this out with sporting endeavours – weight training, running and basketball.

He is also interested in antiques (every so often finding a diamond in the rough at antiques fairs), interior design and gardening.

He always has several books on the go at any one time and one day hopes to finish one again.