“first-class technical skills and a strong insight into what a court is likely to do and not do.”
Chambers & Partners
James Todd’s practice covers high value personal injury and clinical negligence claims, acting for claimants and defendants. He is on the NHS Litigation Authority panel and receives work from all of the major insurance companies and solicitors. He has expertise in disease claims, product liability claims, animal claims and claims involving the emergency services. In addition, his insurance expertise includes all aspects of motor insurance, including coverage and uninsured driver issues.
James appeared in the Supreme Court in the landmark 2012 case of Summers v. Fairclough Homes concerning fraudulent personal injury claims.
James is recommended by Chamber & Partners for Personal Injury and Industrial Disease, and by The Legal 500 for Personal Injury.
James is approved to work on the NHSLA list to handle all types of high value/catastrophic clinical negligence claims. He is instructed by Capsticks, DAC Beachcroft and Weightmans on a regular basis.
“An excellent technical lawyer, who cross-examines to very good effect, and who has the ability to advise definitively on complex claims.” Chambers & Partners 2014
Regularly instructed to deal with fraudulent/dishonest claims on behalf of defendant insurers in all types of PI claim; full knowledge of best tactical approaches in these claims. Cases include:
Deafness claims: regular instructions to defend claims for noise induced hearing loss; appeared for British Railways Board in a large group action deafness claim brought by guards and shunters which ultimately settled; regular instructions also received from the Metropolitan Police, most recently to defend deafness claims brought by police officers attending Notting Hill Carnival.
Stress/ Bullying at work claims: Acting for both claimants and defendants. Regularly instructed by Royal Mail to defend bullying/harassment claims.
Asbestos and mesothelioma claims: regular instructions from claimants and defendants in the public and private sectors.
Other disease claims: including VWF, HAVS and WBVS (whole body vibration syndrome); currently instructed to defend a cluster of WBVS claims brought by drivers of straddle carriers at dock premises.
Uninsured driver claims (RTA insurer, Article 75 and MIB Agreements); successful recovery actions under s151(8).
Policy coverage issues in motor insurance claims, including avoidance for fraud and recovery claims.
Particular expertise in claims arising out of emergency/999 calls where personnel or members of the public are injured in crisis situations.
James has particular interest in skiing, snowboarding and equine law claims having handled many cases in these areas.
Described in Chambers & Partners as “an expert on equine related cases”: particular knowledge of the law of strict liability for animals under the Animals Act 1971 following Mirvahedy.
Accidents in foreign countries and claims against tour operators.
James was formerly on the panel of HSE prosecuting counsel and he continues to act for companies and individuals in the criminal courts in proceedings arising out of accident and injuries on construction sites, in factories and in the workplace.
James has extensive experience of very high value, catastrophic injury claims including periodical payment awards.
Largest claims have included:
Regular experience of chronic pain, fibromyalgia, chronic fatigue/ME type claims
Claims investigation and policy avoidance for fraud and misrepresentation.
Fire fraud cases include:
James has frequently advised on the construction of policy wording in PHI and other insurance policies and claims in the general law of contract.
James is recommended in the Personal Injury and Personal Injury: Industrial Disease sections of Chambers & Partners and in the Leading Personal Injury Juniors section of the Legal 500.
“A superb advocate who is thorough and efficient.” Legal 500 2015
“Very pragmatic, forensic and precise, and someone with his eye on the bigger picture as to what is important to insured and insurer clients.”Chambers & Partners
“An excellent technical lawyer, who cross-examines to very good effect, and who has the ability to advise definitively on complex claims.” Chambers & Partners
“He has good judgement and is robust enough to go up against silks.” Legal 500
“He’s good in court, and he has a particular strength in relation to causation and medical issues generally.” Chambers & Partners
“He does a great job – he engages well with the judge, and isn’t afraid to fight his corner when he has to.” Chambers & Partners
“first-class technical skills and a strong insight into what a court is likely to do and not do.” Chambers & Partners
“an expert on equine related cases” Chambers & Partners
Francisquini v. London Fire and Emergency Planning Authority  EWHC 1278 (QB)
Acted for the London Fire Brigade in the defence of several claims arising out of the fatal fire at Lakanal House in south London.
Summers v Fairclough Homes Limited (William Norris QC, James Todd, Sadie Crapper) 3 June 2013  UKSC 26
On 27 June 2012 judgment was handed down in the landmark personal injury case of Summers v Fairclough Homes Limited. William Norris QC acted for the appellant, Fairclough Homes, leading James Todd and Sadie Crapper, instructed by Berrymans Lace Mawer.
Evans v. Charles Wilson Engineers Ltd 2 June 2013  EWHC 2096 (QB)
This was a dispute between defendants over the share of blame for an accident in which the operator of a mobile elevated work platform was killed.
Michael H v Thames Valley Police 9 February 2010  EWCA Civ 5
A police officer had driven negligently by driving his car too close to a motorcycle to allow the motorcyclist to dismount safely.