James Todd QC

Year of call:
1990
Silk:
2019
Email:
james.todd@39essex.com

Clerks:
+44 (0)20 7832 1111

“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.

James is recommended by Chamber & Partners for Personal Injury and Industrial Disease, and by The Legal 500 for Personal Injury.

Clinical Negligence


James is approved to work on the NHS Resolution panel to handle all types of high value/catastrophic clinical negligence claims. He is instructed by panel firms Capsticks, DAC Beachcroft, Hempsons and Weightmans on a regular basis to handle claims exceeding £1M in value. He is also standing counsel for the NHS in the metal-on-metal hip litigation. In 2018 James acted for the NHS in the first application for committal for contempt of court against a litigant who fraudulently exaggerated a claim arising out of clinical negligence, securing a penalty of 12 weeks’ imprisonment and attracting the interest of the national press.

Personal Injury


“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

HIGH-VALUE AND CATASTROPHIC PERSONAL INJURY CLAIMS

James acts for all major insurance companies, handling all types of high-value claims. He has particular expertise in claims involving brain injury and paralysis, regularly dealing with claims exceeding £5M in value.

FRAUDULENT / DISHONEST / EXAGGERATED INJURY CLAIMS

James appeared as first junior in the landmark case of Summers v. Fairclough Homes in the Supreme Court in 2012. He has expertise in all aspects of fraudulent injury claims, including CPR 81 committals for contempt.

INDUSTRIAL DISEASE CLAIMS

Deafness claims: As a junior, James received regular instructions to defend claims for noise induced hearing loss, acting for large institutional bodies such as British Railways Board and the Metropolitan Police.

Stress/ Bullying at work claims: Acting for both claimants and defendants.

Asbestos and mesothelioma claims: regular instructions from claimants and defendants in the public and private sectors. He has particular expertise in difficult causation cases.

Other disease claims: including VWF, HAVS and WBVS (whole body vibration syndrome).

MOTOR INSURANCE

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.

POLICE / EMERGENCY SERVICES CLAIMS

James has particular expertise in claims arising out of emergency/999 calls where personnel or members of the public are injured in crisis situations. He has acted for the Metropolitan Police in road accident claims and for London Fire Brigade and other brigades in claims arising out of attendance at the scenes of fire. He is currently instructed by London Fire Brigade to defend civil claims arising out of the Grenfell Tower fire.

SPORTS & ANIMALS CLAIMS

James has interest in skiing, snowboarding, cycling and equine law claims having handled many cases in these areas as a junior.

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.

GENERAL INSURANCE & CONTRACTUAL DISPUTES

Claims investigation and policy avoidance for fraud and misrepresentation, including fire fraud cases.

James has frequently advised on the construction of policy wording in PHI and other insurance policies and claims in the general law of contract.

Recommendations


Before taking silk, James was 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.

Quotes

“A superb advocate who is thorough and efficient.” Legal 500

“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

James's Practice Areas


James's Sectors


Call +44 (0)20 7832 1111 for more information

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