James Tunley

James’s practice and experience spans a range of civil and commercial work including employment, professional negligence, professional disciplinary, personal injury, clinical negligence and inquests.

He advises and represents both claimants and defendants/respondents at all stages of the court and tribunal process with particular strengths in employer’s liability, discrimination, and unfair dismissal, to name but a few. James has several notable cases, which include: Revenue and Customs Commissioners v Ant Marketing Ltd [2020] IRLR 744; Fahy v (1) PCS Union & (2) Thompsons Solicitors [2015] EWHC 3515 (QB); Commissioners for HM Revenue and Customs v Lorne Stewart plc [2015] ICR 708; Ministry of Defence v Hensman UKEAT/0067/14/DM; Embassy of Brazil v DA de Castro Cerqueira [2014] 1 WLR 3718.

Between March 2012 and September 2018 James was appointed to the Attorney General’s C Panel of Junior Counsel to the Crown.

James also accepts appropriate work under the Direct Public Access Scheme.

Further information

Seminars and training

James has delivered lectures and training on a range of topics including bringing employment claims in the County Court, enforcement of judgments, negligent misstatement, the National Minimum Wage Act 1998 and clinical negligence.

In 2020 and 2021 James recorded a series of podcasts with Get Legally Speaking. James spoke with host Hatti Suvari and answered questions about employment law issues arising out of the COVID-19 pandemic, the Coronavirus Job Retention Scheme, furlough, redundancies, pay and the vaccine.

Qualifications

LL.B (Hons) University of Leicester – First (2004)
Bar Vocational Course – Very Competent (2005)

Memberships

Employment Lawyers Association
Industrial Law Society
Personal Injury Bar Association

Commercial

In addition to his specialism in employment law, James has a broad commercial practice covering contractual disputes, debt recovery, bailment, claims in respect of the sale and supply of goods and services, and claims made under the Consumer Rights Act 2015. He has experience of and – is able to assist in – advising, drafting and representing clients in a broad range of commercial litigation, including at the pre-action stage and/or post-judgment where enforcement is required.

James’s practice also encompasses professional negligence and has advised and acted for both claimants and defendants.

Examples of recent commercial work

Vantage Resourcing Ltd v Xenith Document Service Ltd (2021): Represented the Claimant in a claim for an unpaid invoice, which gave rise to a dispute about the construction, and the implied terms, of the contract.
Advised a government department on the recovery of a debt from a former employee.
Advised a holiday company in respect of a claim alleging breach of the Consumer Rights Act 2015.
Fahy v (1) PCS Union & (2) Thompsons Solicitors [2015] EWHC 3515 (QB): Represented the first defendant to a claim of professional negligence and, after the claim was struck out following a case management order, went on to represent the first defendant on appeal.
Lipscombe v Thurgate (2011, High Court QBD): Represented the defendant trade union representative in a High Court claim for negligence and breach of contract and was successful in application to strike out the claim on grounds that it had no reasonable prospects of success.