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James Counsell

Called to bar 1984

Clerk Graham Woods Tel: 020 7353 6381
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James Counsell specialises in clinical and professional negligence, in disciplinary and regulatory law and in commercial and costs disputes.

James acts for the Council of Lloyd’s in disciplinary cases brought against underwriters and brokers and now has a wide-ranging regulatory practice, including representing doctors and dentists at the GMC and GDC, accountants and solicitors before their respective regulatory bodies and representing individuals and institutions before the Regulatory Decisions Committee of the FSA.

That work combines well with a busy professional and clinical negligence practice acting both for defendants and claimants.

Very recently, James has represented the Claimants at trial and in the Court of Appeal (with Gordon Bebb, QC) in a claim against a firm of solicitors and a barrister arising out a claim by a mother for damages for the “wrongful birth” of her son born with spina bifida (Hibbert Pownall & Newton v Whitehead (2008) EWCA Civ; [2008] All ER (D) 60).

With David Westcott, QC, he has recently concluded a liability settlement in a complex claim (involving twenty experts on liability alone) against a NHS Trust for damages for a child who sustained brain damage including cerebral palsy at aged 12 months whilst being treated by the Trust.

Besides his professional negligence and regulatory work, James acts for commercial clients (including Wincanton plc) and takes on costs disputes at first instance and in the Court of Appeal. He was counsel for the claimants in the leading costs case of Burchell v Bullard [2005] EWCA Civ 358.

 
Areas of practice
Clinical Negligence & Healthcare, Professional Negligence, Financial Services, Personal Injury, Public Law, Public Access, Discipline & Regulatory, Costs, Commercial & Business