James Counsell

Call date: 1984

Email: James Counsell

Clerk: Graham Woods

Areas of Law:	Specialist Crime, Clinical Negligence, Personal Injury, Disciplinary & Regulation

Practice summary

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 and dentists in the GMC and GDC and clients in financial services tribunals, including Lloyd’s of London.

Clinical Negligence
In the past year, James has been involved in cases involving allegations of negligence in the fields of orthopaedics (foot and back surgery), obstetrics (delivery delay, leading to brain damage), general practice (failure to act on histological report indicating carcinoma), paediatrics (failure to detect hip dysplasia shortly after birth) and costs capping arguments in clinical negligence cases. He also regularly represents doctors at inquests.

Personal Injury
James has an extremely busy personal injury practice, representing mostly, but not exclusively claimants, often funded by CFA’s. 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.

Regulatory work
James’s regulatory practice is chiefly in the medical and dental field or in financial services hearings but he has also acted for solicitors and accountants in the recent past.
He began his regulatory work over ten years ago acting for the Council of Lloyd’s in a series of disciplinary cases brought against underwriters and brokers and continues to represent and advise the council at the present time, representing Lloyd’s in over 40 cases and assisting Lloyd’s in the complete redrafting of the misconduct byelaws in 2005.

Financial Services and commercial work
That work for Lloyd’s has led to his being instructed both by claimant and defendant in financial services litigation. He acts for a series of claimants in financial mis-selling claims against a series of leading financial institutions and acts for Bank of Scotland/HBOS in claims arising out of its debt collecting methods. H also acts for leading commercial companies, including a number of cases for Wincanton plc.

Publications

Article in New Law Journal in June 2008 “An unjustified Windfall?” on the implications of the CA decision in Whitehead v Searle and Hibbert, Pownall & Newton [2008] EWCA Civ; [2008] All ER (D) 60 (CA).

A selection of recent cases

Moneim v General Medical Council [2011] EWHC 327 (Admin)
Appeal by General Practitioner after five week FTP hearing relating to allegedly dishonest retrospective alterations to computerised medical records. Defendant found to have been dishonest in respect of a small number of alterations but exonerated in respect of the rest.
Whitehead v Searle and Hibbert, Pownall & Newton [2007] EWHC 1060 (QB) [2008] EWCA Civ; [2008] All ER (D) 60 (CA)
Claim against solicitors and barrister for negligence arising out of conduct of wrongful birth claim against Health Authority. Claim against solicitors for failing to prosecute claim expeditiously and against both for advising on and settling at an undervalue and without proper authority. Judgment obtained against solicitor on primary claim. (with Gordon Bebb, QC) (Griffith-Williams J). Court of Appeal decision on circumstances in which negligent firm of solicitors liable for damages for future care of spina bifida child “wrongfully” born to mother, who later committed suicide (Laws, Rix and Rimer LJJ).

General Medical Council v Adenugba
Nigerian Doctor facing allegations of dishonest prescribing of drugs on the NHS for the benefit of his mother in Nigeria and a series of allegations relating to his conduct and treatment of patients whilst working as an Out of Hours GP in Worcestershire, complaints which were, in the view of the PCT clinical director, called by the GMC, mostly racially motivated. 5 week hearing completed in July 2009.

General Medical Council v Ashenford
Trainee GP accused of non consensual sexual assaults, including oral rape, of 17 year old female patient with learning difficulties in the surgery on a number of occasions, together with other consensual sexual relationships with older female patients. Also facing other less serious “patient boundaries” allegations and misconduct relating to his prescribing to patients. Doctor suffering from psychiatric illness which, when combined with other personality disorders, was said to contribute to such conduct. 4 week FTP hearing completed in September 2009.

Council of Lloyd’s of London v M (Names withheld – not in public domain)
Three employees of Lloyd’s managing agents leaving one underwriting agency to go to a competitor, taking with them confidential information and seeking to “poach” business and clients for the benefit of their new employer in breach of Lloyd’s and contractual duties.

Institute of Chartered Accountants of England and Wales v Gibson
Chartered accountant accused of impropriety whilst acting as Law of Property Act Receiver. Alleged that she should have appreciated that she was invalidly appointed and, as a result, and, in any event, conducted the receivership improperly. One week disciplinary hearing after which adverse findings were made. Three day appeal resulting in all but one of the misconduct findings being quashed.