James Counsell QC
Year of Call:
James Counsell, QC is widely recognised in the fields of Clinical and Professional Negligence and in Personal Injury, acting both for claimants and for defendants. He also specialises in acting for victims of historic sexual abuse, having recently acted as lead counsel in the first successful claim against the Jehovah’s Witness organisation.
James acts for claimants and financial institutions in claims based upon the alleged mis-selling of financial products and breaches of FSMA and at common law.
His claims work is combined with a busy disciplinary and regulatory practice, regularly representing doctors, dentists, solicitors, accountants and those in the financial services sector in their respective disciplinary tribunals.
Besides defence regulatory work, he regularly represents the Council of Lloyd’s in enforcement proceedings brought against its members by the Society of Lloyd’s and recently conducted an extensive and high profile inquiry leading to successful enforcement proceedings against a Lloyd’s managing agency and its senior officers. James is also an active member of the BSB Prosecuting Panel and has represented BSB in a number of high profile cases against well known barristers in the last year or so.
Instructed both by claimants and defendants in financial services litigation. He has recently acted 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 is currently acting for a number of claimants in unrelated claims arising out of negligent advice and information in respect of fixed interest rate business loans, leading to claimants being locked into loan arrangements from which they cannot extract themselves.
Peryer v Arbuthnot Latham
One of a series of cases where James acted for individual claimants in claims against their financial advisers for the mis-selling of financial products, causing losses arising out of the financial difficulties of AIG during the crash of September 2008.
Thomas v Triodos Bank  EWHC 314 (Lawtel AC0154076)
Counsel for the Claimants in claim heard by HHJ Havelock-Allan, QC in which the court considered the extent of the duties owed by a bank to its customers when providing information about fixed interest rate loans.
Wanstall v Clydesdale Bank (2016)
Acting for Claimant farm partnership in claim against bank for negligent advice and information in selling fixed rate business loans.
Roberts v Bank of Scotland plc.  EWCA Civ 882
Harassment claim brought against HBOS/Bank of Scottland and on appeal to Court of Appeal (Arden, Jackson and McCombe LJJ).
Appointments & Memberships
- European Circuit
- Western Circuit
Areas of Law
- Clinical Negligence
- Disciplinary & Regulatory
- Financial Services
- Personal Injury
- Child & Adult Abuse
- International Illness, Injury & Travel
- Professional Negligence
“His calm, collected style is particularly effective with difficult clients and complex issues.” Professional Discipline & Regulatory Law, Legal 500 2017
“Calm, robust and steady in difficult circumstances.” Financial Services, Legal 500 2017
“Exactly the sort of person you want to take you through a trial.” Banking & Finance, Legal 500 2017
“He’s very detail-focused, he picks up on absolutely everything and he’s very good at digesting large quantities of information in a very short period of time.” Professional Discipline, Chambers & Partners 2017
“unflappable exterior makes him a really polished performer before the panels. He is well received whenever he appears.” Professional Discipline, Chambers & Partners 2017
“Extremely thorough and knowledgeable.” Professional Discipline and Regulatory Law, Legal 500 2016
“Highly experienced in mis-selling and negligence claims.” Banking and Finance, Legal 500 2016
“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
“A well-regarded specialist in financial regulatory, banking and insurance law.” Banking & Finance, Legal 500 2015
“He is always well prepared.” Professional Discipline & Regulatory Law, Legal 500 2015