James specialises in personal injury, clinical negligence and disciplinary & regulatory work. He is consistently recommended as a leading junior in the main legal directories, Chambers UK and Legal 500, which describe him as ‘extremely talented’, as someone who ‘delivers an excellent service’, ‘first rate with clients’, and ‘achieves excellent outcomes’.
James’ personal injury practice focuses primarily on high value claims in the High Court and District Registries, where he has appeared successfully in a number of reported and precedent-setting cases. This dovetails with James’ expert knowledge in dealing with clinical negligence claims, where he acts predominantly for defendant NHS Trusts and private healthcare providers.
James has acquired considerable experience and success in dealing with costs issues both in the budgeting process and in stand alone costs proceedings.
James is experienced in dealing with foreign claims, especially those involving jurisdiction and choice of law, and as a fluent French speaker, is well placed to assist in such cases with a French element.
James’ disciplinary & regulatory work sees him appear regularly in front of a wide variety of professional disciplinary bodies as well as sitting as a member of the RFU Judicial Panel and acting as a panel advocate for Sports Resolutions advising and acting in cases involving a broad spectrum of sporting infringements.
Directory Quotes
Personal Injury
James acts on behalf of major insurers defending high value personal injury claims. His caseload consistently involves multi-million pound claims in which the claimants are often represented by silks.
His caseload has recently involved the following cases of interest:
- A claim by a DP World Tour professional golfer in a multi million pound claim for damages arising out of a road traffic accident;
- A claim valued in excess of £7 million by the former chief executive of a leading automotive parts company who suffered a below knee amputation; and
- A claim valued in excess of £5 million by a construction worker who suffered a below knee amputation when he was crushed by a digger.
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.
James has recently 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.
Civil Fraud
James has extensive experience of dealing with fraudulent claims in the civil jurisdiction.
James has particular experience and expertise in the use of surveillance evidence. He appeared on behalf of the successful Defendant insurer in the High Court case of Stewart v Kelly (2016) EWHC 3263 (Blake J) dealing with the often difficult issue of when to disclose surveillance evidence.
James represented the successful Defendant insurer in the High Court trial of Atkinson v Pathak (2015) EWHC 1120 (Robert Owen QC) where the forensic use of surveillance evidence at trial resulted in the Claimant failing to beat an historic Part 36 offer.
James is also vastly experienced in advising on and drafting allegations of fraud and/or fundamental dishonesty whether in Defences or Counter schedules.
Professional Discipline & Regulation
James has extensive and broad experience of advising and appearing in front of a broad range of professional and sporting disciplinary and regulatory bodies.
Examples of his work include:
- Successfully acting for a professional boxing manager before the appeal panel of the British Boxing Board of Control where James enjoyed the rare distinction of cross-examining Frank Warren (Harding v Warren);
- Advising a rugby club on the prospects of successfully challenging a refusal by the WRU to allow promotion;
- Acting for an international sportsman following an adverse finding for a prohibited substance
- Advising housemates, all of whom are elite athletes, regarding the implications of an adverse finding for a prohibited substance made in respect of another housemate.
James is a member of the judicial panel of the RFU and sits on cases involving the full range of misconduct both on and off field. Most recently, James sat on the panel that imposed sanctions on a club for financial irregularities in payments to players (RFU v Blackburn RFC).
James acts on behalf of solicitors, accountants, medical professionals and teachers and appears before a wide variety of disciplinary panels such as those of the Association of Chartered Certified Accountants, the General Medical Council, the Nursing and Midwifery Council, the Care Quality Commission, the National College for Training and Leadership and the General Regulatory Chamber. He has presented cases on behalf of the Nursing and Midwifery Council relating to serious disciplinary matters involving healthcare professionals, and is currently acting on behalf of a firm of accountants facing serious charges of misconduct relating to an audit investigation.
James also sits as Chairman of the Appeals Tribunal of the Showmen’s Guild of Great Britain, adjudicating on disputes that are often of a commercial and technical nature.
James is a member of the Association of Disciplinary and Regulatory Lawyers and of the British Association for Sport and Law.
Notable Cases
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.
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).
- Member of Sport Resolutions Pro Bono Service.
Personal Interests
Any activity involving a bat, ball or mountain although not all at the same time. Cryptic crosswords: solving and setting.
To instruct James Pretsell or obtain more information
Our clerking team, led by Chief Executive & Director of Clerking, Paul Cray, will be pleased to help with any enquiry regarding James Pretsell, including suitability, availability, and fees. The team offers responsive, commercially focused, and highly professional support.