“first-class technical skills and a strong insight into what a court is likely to do and not do.”
Chambers & Partners
James Todd KC’s practice covers high value personal injury and clinical negligence claims, acting for claimants and defendants.
James is recommended by Chambers & Partners for Personal Injury and Industrial Disease, and by The Legal 500 for Personal Injury and Insurance Fraud.
James is approved to work on the NHS Resolution panel to handle all types of high value/catastrophic clinical negligence claims , including claims managed through the Early Notification Scheme. He is instructed by panel firms Capsticks, DAC Beachcroft, Hempsons and Weightmans on a regular basis to handle claims exceeding £1M in value. 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: Calderdale & Huddersfield NHS Foundation Trust Claimant v. Sandip Singh Atwal  EWHC 961. He also has extensive experience of group claims having acted for NHS Resolution in the metal-on-metal hip litigation.
An NHS Trust v. DD (finished July 2021): contempt proceedings arising out of a fraudulently exaggerated claim for £2M. Defendant sentenced to a term of imprisonment.
XM v. Leicestershire Partnership NHS Trust  EWHC 3102 (Q): alleged delayed diagnosis claim leading to catastrophic brain injury in a young baby.
MR v. NHS Trust (settled 2020): allegation of negligent failure to interpret a brain MRI leading to growth of tumour and catastrophic stroke.
GS v. NHS Trust (settled 2019): allegation of negligently conducted haemorrhoid procedure causing life-changing bowel condition.
“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
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.
A v. An insurer (ongoing 2021): acting for a claimant who was knocked from his bicycle by a car suffering catastrophic brain injuries.
Ashraf v. The Royal Military Academy Sandhurst (Lawtel 2/12/20): Successful defence of head injury claim arising out of an accident at a Sandhurst event. The court dismissed the claim on the basis of the absence of a duty of care, per the principles in Tomlinson, Poppleton, Geary etc.
XX v. An insurer (settled 2018): claim brought by pedestrian hit on a crossing suffering brain injury, settled for in excess of £8M.
YY v. An insurer (settled 2019): claim brought by pedestrian who suffered double amputation after being struck by a car.
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).
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.
James has a particular interest in the developing field of claims arising out of the use of electronic driver assistance systems and autonomous vehicles.
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.
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.
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 fundamental dishonesty and CPR 81 committals for contempt. One such recent case where James secured the imprisonment of a dishonest former claimant was Axa Insurance UK v. Pirie (2019).
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.
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.
“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