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

Personal Injury

James enjoys a busy personal injury practice, acting for and advising both claimants and defendants. He has experience in a wide range of cases all the way from road traffic accidents to industrial disease cases and everything in between, such as accidents at work and employer’s liability claims, claims under the Occupiers’ Liability Act 1957, assaults, and psychological injuries.

James is experienced in cases involving fraud, allegations of fundamental dishonesty, s. 57 of the Criminal Justice and Courts Act 2015 and QOCS. He also represents both claimants and defendants in credit hire litigation.

As well as appearing in court, James is regularly instructed to draft pleadings, Part 18 requests for information, Part 35 questions to experts and to advise in writing on liability, quantum, settlement and tactical issues that arise in litigation.

James also has experience in clinical negligence work and has been instructed on cases including the alleged negligent nursing treatment and defects caused during childbirth.

Examples of recent personal injury and clinical negligence work

Massay v London Fire Commissioner (2023): Represented the Claimant, whose car was hit by a fire engine, which was responding to an emergency call and proceeding through a red traffic light.
Sadler v Hamilton (2023): Acted for the Defendant in a claim that was found to have been false and dishonest, the Court having found that no collision took place, and successful in obtaining costs and the disapplication of QOCS.
Callender v London Borough of Islington (2022): Successfully defended a manual handling claim brought by an employee, which involved the interaction between the statutory regulations, the common law duty of care and the burden of proof following the Enterprise and Regulatory Reform Act 2013.
Bozych v Royal & Sun Alliance plc (2021): Acted for the Defendant in a claim for injuries following a low velocity impact road traffic accident and obtained a finding of fundamental dishonesty.
Hammel v Essex County Council (2020): Represented the Claimant in a successful claim against a local authority under the Highways Act 1980.
Abu-Samra v Motor Insurers Bureau (2019): Obtained a finding of fundamental dishonesty against the claimant following the discontinuance of the claim before trial.
Palmer and others v Mitchell and others (2018): Represented a claimant/Part 20 defendant in a claim and counterclaim arising out of a road traffic accident. The matter involved extensive arguments as to causation of injuries and the defendant’s application for a finding of fundamental dishonesty was resisted successfully.
Ramsey v Kelly (2017): Acted for the Claimant in a claim arising out of a road traffic accident between a cyclist and a motor vehicle, giving rise to issues of breach of the Highways Act 1835 and contributory negligence.
Oldman (Executor of the Estate of Bertie Oldman) v DEFRA (2017): Represented the defendant in a multi-track trial of claim for personal injuries arising out of the deceased exposure to asbestos whilst working as a marine engineer.
Surtees v Ministry of Justice (2017): Represented the defendant in a claim brought by a prisoner under the Occupiers’ Liability Act 1957. At trial the claim was found to be fundamentally dishonest and QOCS was disapplied.
Fahad v Ministry of Justice (2016): Acted for the defendant in a multi-track trial and successfully defended a claim for assault, which encompassed arguments as to the reasonable, necessary and proportionate use of force, cross-examination of medical experts and the appropriateness and quantum of potential aggravated damages.