James was admitted as a Chartered Legal Executive in 2007 and as a Solicitor in 2018. He works out of our London and Kent offices. Prior to joining Wellers Law Group, he was an Associate Director at a Local Authority ABS law firm, a Senior Associate at a Legal 500 rated commercial law firm and a Large Loss Partner at a national insurance law firm. He has also been seconded to several major UK and global insurers, the Financial Services Compensation Scheme, John Lewis Partnership and two London Councils.
James has 20 years’ experience of advising and defending insurers, local authorities, local authority organisations, not-for-profit organisations, corporate clients and high net worth individuals in pre-litigated and litigated claims. He is frequently commended by clients for his ability to distil complex legal issues and give commercially focused, practical legal advice. He understands that litigation is a last resort and is experienced in Alternative Dispute Resolution, including commercial negotiation, mediation and joint settlement meetings.
With 20 years’ experience within the insurance and local authority sectors, he has a unique understanding of claims and reserving philosophies, and organisational and political risk appetite. His specialisms include:
Local Authority and Public Sector
He has been frequently instructed by local authorities and public sector organisations to advise on a full gamut of disputes, including:
• Commercial contract disputes
• Debt recovery
• Judicial Review
• Injunctive proceedings
• Insurance policy coverage disputes
• Highway tripping claims
• Accidents at work
• Occupiers’ Liability
• Housing Disrepair
• Human Rights Act
• Officials Indemnity
Data Protection, Privacy and Information Law
For the past 4 years, he has had a thriving data protection, privacy and information law practice, and has been advising local authorities and public sector organisations on regulatory issues and defending privacy claims arising from:
• Contravention of the GDPR
• Contravention of the UK GDPR
• Breach of the Data Protection Act 1998/2018
• Misuse of private information.
• Breach of the Human Rights Act 1998
Casualty and Motor Insurance
He has a wealth of experience in managing public liability, employers’ liability, occupiers’ liability and motor claims. He specialises in chronic pain litigation (including chronic pain syndrome, complex regional pain syndrome and fibromyalgia), complex orthopaedic, psychiatric and psychological injuries, and work-related upper limb disorders.
Financial Services/Professional Indemnity
He has acted for the Financial Services Compensation Scheme and managed high value recovery claims against financial services firms that had been declared in default under COMP rules and their professional indemnity insurers, by way of the Third Parties (Rights against Insurers) Acts 1930 and 2010. He has restored dissolved companies to the Register of Companies in accordance with the GLD’s Company Restoration Guide.
He has a good knowledge and understanding of the Financial Services Compensation Scheme (including My FSCS Claim Online, Protection Checker and Failed Firm) and the FCA’s Conduct of Business Sourcebook in the context of contentious financial services litigation.
• Acted on behalf of the Defendant charity in the seminal case of Burrett v Mencap Ltd  EW Misc B50 (CC), the leading authority on the costs consequence of accepting a Defendant’s Part 36 offer where, after the relevant period has expired, the terms of the offer were changed to make it less advantageous to the Claimant.
• Acted for the Defendant employer in The Inquest touching the death of Nathan Greenway.
• In-house Legal Assistant for HCA International Limited in The Inquest touching the death of Laura Touche.
• Acted for Kent Commercial Services in connection with a high profile ransomware attack and have been retained to defend breach of privacy claims brought by affected KCS employees and clients.
• Acted for a non-for-profit financial services organisation in a multi-jurisdiction phishing claim in which a criminal enterprise, purporting to be the non-for-profit financial services organisation, sent phishing emails to Italian nationals requesting that they deposit money into a cryptocurrency account to secure the release of ‘compensation’ that had been recovered from an unregulated Forex broker.
• Acted for a Local Authority Business Investment Fund and successfully recovered substantial sums from borrowers that had default on their secured loans.
• Acted for an insurer in a high value, complex chronic pain syndrome claim. Issued an application for specific disclosure and inspection of the Claimant’s electronic documents, which resulted in the Claimant accepting a settlement offer that represented 10% of the pleaded value of her claim.