|Call date: 1984|
|Email: James Counsell||Clerk: Graham Woods|
James Counsell is widely recognised as a leading senior junior in the fields of Clinical Negligence and Personal Injury, acting both for claimants and for defendants, combining that with a busy medical and financial services regulatory practice where he regularly represents doctors, dentists, solicitors, accountants and clients in financial services tribunals. He represents the Council of Lloyd’s in enforcement proceedings brought against its members by the Society of Lloyd’s and is a member of the BSB Prosecuting Panel.
In the past year or so, James has been involved in cases involving allegations of negligence in the fields of surgery (failure to staple after bowel removal), orthopaedics (foot and back surgery / failure to diagnose and surgical error leading to leg amputation), obstetrics (delivery delay, leading to brain damage / failure to intubate, leading to death), general practice (failure to act on histological report indicating carcinoma / failure to refer to specialist, leading to amputation), paediatrics (failure to detect hip dysplasia shortly after birth). He also regularly represents doctors at inquests and has recently acted for two clinicians in the ongoing Inquiry into Hyponatraemia related deaths (O’Hara J) in Northern Ireland.
James has an extremely busy personal injury practice, representing mostly, but not exclusively claimants, often funded by CFAs. Much of his work involves claims arising out of injuries in accidents at work and other health and safety cases but he also acts for both parties in RTA claims, particularly in high value claims. He also specialises in acting for claimants in historic and more recent sex abuse claims.
James’s regulatory practice is chiefly in the medical and dental field and in financial services but he has also acted for solicitors and accountants in the recent past. He is also a member of the BSB Prosecution Panel.
He has represented Lloyd’s of London in over 40 cases and assisted Lloyd’s in the complete redrafting of the misconduct byelaws in 2005. Much of 2012/13 was taken up in conducting an inquiry for Lloyd’s into the affairs of a Lloyd’s Managing Agency and prosecuting the subsequent successful disciplinary proceedings against the Company and its three senior officers.
Financial Services and Commercial work
That work for Lloyd’s has led to his being instructed both by claimants and defendants in financial services litigation. He acts for a series of claimants in financial mis-selling claims against a number of leading financial institutions and he acts for Bank of Scotland/HBOS in claims arising out of its debt collecting methods. He also acts for leading commercial companies, including a number of cases for Wincanton plc.
James specialises in acting for ship owners in criminal proceedings brought against them for maritime accidents.
Personal Injury Law Journal (141, December 2015/January 2016)
Is vicarious liability really 'on the move'? James Counsell and Ben Bradley discuss the legal implications of the decision in A v The Trustees of the Watchtower Bible and Tract Society  and some practical learning points arising from their involvement in the case.
Butterworths Personal Injury Newsletter: February 2012, Vol 4 Issue 2
Who carries the can? James Counsell, examines the courts’ approach to additional costs when it comes to late Part 36 acceptance.
"He's absolutely superb as he's very quick on the uptake of issues and has no mannerisms or posturing." Professional Discipline, Chambers & partners 2016
"He addresses things in exactly the right way for each individual client." Professional Discipline, Chambers & partners 2016
''He is always well prepared.'' Professional discipline and regulatory law, Legal 500, 2015
''A well-regarded specialist in financial regulatory, banking and insurance law.'' Banking and finance, Legal 500, 2015
‘He always does an excellent job, and is capable of dealing with any matter of any size.’ Banking and finance, Legal 500, 2014
"He is excellent in terms of preparation and understanding the sector." Professional discipline, Chambers & Partners 2014
James Counsell is many instructing solicitors' "first port of call" when it comes to professional discipline, due to his "knack for handling problematic clients and spotting the detail in a case." Professional Discipline, Chambers & Partners, 2013
James Counsell is sought out because he has "an innate ability to build a very good rapport with clients." He is known for his ability to turn around seemingly hopeless cases for the doctors he defends. Professional Discipline, Chambers and Partners 2012
James Counsell, whose enviable skill of remaining "calm in a crisis" serves him well and proves a great benefit to his clients. Counsell defends professionals in the medical field and also across the financial sector. Demonstrating his versatility, Professional Discipline, Chambers and Partners 2011
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