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James has a meticulous eye for detail and achieves excellent outcomes.
Legal 500
Personal Injury
James acts on behalf of major insurers defending high value personal injury claims that often involve elements of fraud or fundamental dishonesty. His caseload consistently involves multi-million pound claims in which the claimants are often represented by silks.
He has particular experience and expertise in the use of evidence obtained by surveillance as well as from social media, mobile phones and other data sources. He appeared on behalf of the successful Defendant insurer in the leading case of Stewart v Kelly (2016) EWHC 3263 (Blake J) which considers and gives guidance on the problematic issue of when to disclose surveillance evidence.
He also 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 findings of dishonesty being made against the Claimant.
His current caseload involves 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.
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 in the Legal 500 for Personal Injury:
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.