|Qualifications:||LLB Hons (Exon)|
Contact and Clerk
Clerk: Nikkie Browning
A well regarded junior, James has extensive experience of conducting criminal trials in the Youth, Magistrates’ and Crown Courts. James is a category 3 prosecutor on the Unified List of Advocates although his practice frequently includes conducting cases above his grade.
James’s prosecution experience includes multi-handed trials of burglary and public disorder as well as drugs, violence and dishonesty offences. He also defends in the Magistrates’ and Crown Courts including recent and historic sexual offences. He has successfully defended a lorry driver accused of causing death by careless driving and represented “Marine B” in the preliminary “anonymity” argument before the Judge Advocate General.
In addition, James has defended large-scale multi-handed cases including conspiracy to defraud (six-handed £500,000 fraud against a well-known insurer) and conspiracy to burgle (gang targeting supermarket cash machines across the Midlands and south of England).
James has experience of proceeds of crime applications including restraint, forfeiture and confiscation. He frequently appears in the Magistrates’ Courts in relation to cash forfeiture and in the Crown Court in post-trial applications for confiscation.
R v B & C
Successful defence of first defendant on charge of PWITS where D admitted the offence in interview but subsequently claimed oppression.
R v W & H-A
Successfully prosecuted defendants for credit card frauds valued at over £500,000 and subsequent confiscation proceedings
Re B & F
Representing the police in disclosure hearings made by the High Court in family proceedings
R v B, L & R
Prosecuting a three-handed burglary trial where the prosecution case is that defendants have targeted commercial premises;
R v D & S (2013)
Prosecuted two defendants for dangerous driving where allegation of racing
R v Marine B (2013)
Defended second marine accused of murdering Afghan insurgent at preliminary hearings, including successfully arguing for anonymity orders for all defendants before the Judge Advocate General
R v A, C, D, K & H (2013)
Prosecuted multi-handed affray arising from neighbour dispute
R v H (2012)
Defended lorry driver accused of causing death by careless driving
R v H (2012)
Appeal to the Court of Appeal against sentence for sexual assault
James is well-known for his regulatory work and provides succinct and realistic advice to clients ranging from local authorities and utility companies to individuals and small companies.
He has prosecuted for local authorities and utility companies in various cases including under environmental protection legislation involving waste. James has also prosecuted for local authorities in cases of fraud and has also prosecuted on behalf of utility companies where there has been wrongful interference with the water supply.
James frequently advises and represents the police on a range of matters including licensing cases. He has advised on expedited review cases and also represents licensees both before Licensing Sub-Committees and at appeal hearings before the Magistrates.
SWW v M (2014)
Prosecuting for offences under the Water Industry Act and whether employer is vicariously liable for the acts of his employees.
TDC v M (2013)
Representing licensee before both Licensing Sub-Committee and at appeal before the Magistrates.
CC v MP (2013)
Direct Access case involving representation of a company challenging a decision of a local authorities Licensing Sub-Committee license conditions of a sex shop.
CC v K (2013)
Direct Access case representing the appellants in their Crown Court appeal against sentence for breaches of planning enforcement notice.
R (D&CP) ex parte PMC (2012)
Representing the police in judicial review proceedings.
D&CP v TH (2012)
An expedited review of licensed premises as a result of serious crime and disorder.
D&CP v P Ltd (2012)
Representing the Police in an expedited review of licensed premises as a result of serious fraud.
NDDC v H (2011)
Prosecuting for local authority for non-compliance with SIA requirements.
VOSA v B (2010)
Defending lorry driver for tachograph offences in the Crown Court.
(DCC) v D (2009)
Junior counsel advising local authority on whether or not to challenge by way of cases stated the decision of the DJ in respect of duty to home owner affected by flooding.
SHDC v B (2008)
Prosecuting for local authority under EPA 1991 for hoarding tyres at a residential premises and whether “waste”.
James’ conducts cases ranging from small claims to multi-track trials. He is experienced in advising on the merits and drafting pleadings on cases involving land based disputes as well as TOLATA and Inheritance Act claims. James is particularly mindful of the wider implications of litigation and the need for clients to take a commercial approach to cases.
WCH v L (2013)
Defending possession proceedings brought by a RSL against a tenant on grounds of ASB.
PL v G (2013)
Advising claimants pre-action on merit of claim for breach of contract and settlement.
TH v C (2013)
Defending possession proceedings brought on grounds of ASB.
D&CP v H (2013)
Advising on the merits of and representing the applicant in injunction proceedings.
R v R (2013)
Defending a nuisance case on the multi-track involving escape of water on neighbouring land.
M v S (2013)
Responding to strike out and summary judgment application.
H v P (2013)
Representing the claimant in defended possession proceedings brought over rent arrears including applications for charging order.
H v Z (2012)
Advising and representing claimant in fast track credit hire trial.
Family & Court of Protection
James acts in both private and public law family cases and has acted for local authorities in CoP cases.
S v S
Representing applicant father in child contact application
P v L
Representing respondent mother in child contact application
C v ID
DOLS application to Court of Protection
James is qualified to undertake direct access work and is happy to consider instructions either directly from clients or via an intermediary. He is known for being approachable, willing to go the extra mile for clients and to explain clearly what needs to be done and by whom.
He accepts instructions in a range of areas and has appeared for clients in appeals against sentence in the Crown Court, advised those facing prosecution for various matters –including motoring offences – in the Magistrates’ Court as well as provided advice and representation in the County Court.
James’ direct access practice also includes the provision of advice in other tribunals including advising on the merits of appeals against the decisions of Council Licensing Sub-Committees and the approach to be taken when appearing before them.
Through a secondment with the police he is familiar with DBS (formerly CRB) disclosure issues and has advised and assisted on challenges to proposed DBS (formerly CRB) disclosures. He has also sat on disciplinary panels and is able to advise and represent clients and employers facing hearings before professional and internal disciplinary panels.
He is happy to discuss accepting instructions with potential clients and can be contacted via his clerks. If you wish to instruct James please telephone 01392 274898.
CC v G (2014)
Advising intermediary and end client on steps to be taken prior to prosecution of clients for animal welfare offences.
CC v K (2013)
Representing client in appeal against sentence before the Crown Court.
Re MP (2013)
Advising a Limited Company on the approach to take in appealing the decision of a licensing sub-committee.
NRAM v CR (2013)
Advising, negotiating for and representing before a client facing possession proceedings in the County Court.