James Hurd

Overview

James is described by the Legal 500 as a Leading Junior on the Northern Circuit in relation to both Personal Injury and Employment work. Being able to be considered a respected expert in both practice areas gives James a somewhat unique position in Chambers. He is able to combine solid, strong advocacy with sensitive intelligence. He is able to distil issues down to their key elements, understand and advance key arguments and do so while remaining calm and in control. James combines his technical ability with practicality – always having a strong focus on the commercial realities of any situation. He is both approachable and friendly and prides himself on his excellent reputation for providing a high standard of customer service and an efficient turnaround on paperwork.

Outside of work, James enjoys creative writing, music, football, classic cars and motorcycles, cinema, and travel. James is a published author, with his debut novel, ‘A Bold Deceiver’, being set in Manchester in the 1990’s (see http://www.abolddeceiver.co.uk for further details).

Employment

James mainly undertakes Respondent work, with a small amount of Claimant work. He has considerable expertise in dealing with complex discrimination and whistle-blowing ET cases, especially in the public sector (including Government Legal Service work representing e.g. HMRC, the Ministry of Justice and the Department of Work and Pensions). James also represents local authorities, and acts for a range of private sector employment clients.

James regularly advises clients, both in conference and in writing, and participates in joint settlement meetings and judicial mediations.

Some representative examples of James’s employment practice include:

-Instructed by a local authority in a 10 day ET whistle blowing claim brought by former head teacher,

– Acted for a local authority in a 23 day ET claim by deaf employee for disability discrimination,

Acted for Respondent in a 10 day ET claim for unfair dismissal and disability discrimination by a former employee (a litigant in person), with serious mental health problems,
Acted for Respondent in a multi-day disability discrimination claim brought by a Work Psychologist who felt unable to deal with clients with mental health issues,
Represented a senior management team in a TUPE case, claiming unfair dismissal and protective awards for failure to inform/ consult in an insolvency situation,
Acted for police officer Claimant in a transgender discrimination claim,

James regularly deals with disability claims arising out of ill health of employees and the application of managing attendance procedures and the duty to make reasonable adjustments. He also has experience in dealing with disability harassment claims. Some examples include cases involve Claimants with alcoholism/stress, severe dust/latex allergies, personality disorder/mental health problems, Asperger Syndrome, epilepsy and Hereditary Hemorrhagic Telangiectasia.

James has acted for a number of clients in relation to indirect sex discrimination/Flexible Working Applications, including issues flexible rotas and child care arrangements, part time employment and returning to work post maternity on fixed hours/shift patterns.

James also undertakes county court claims including non payment of bonuses and also the wrongful dismissal of a head teacher, dismissed for gross misconduct,

As an accredited public access barrister, James is able to accept advice and advocacy work directly from individuals or businesses through the Public Access Scheme, and is happy to discuss fixed fee or retainer rates for such work.

Reported Cases

Amicus & Others v Beloit Walmsley Limited & Others EAT (2003) ICR 1396 dealing with insolvency and protective awards in collective redundancy situations.

Insurance Fraud

James is very experienced in dealing with fraud cases. In road traffic litigation, James frequently advises and appears at Court in cases involving the following issues:

– Low velocity impact/causation defences,

– Phantom passengers,

– Contrived or staged accidents

– Exaggerated or inconsistent damage cases.

He is very familiar with, and frequently advises in relation to evidence in fraud investigations, including the use of social media and surveillance evidence. James regularly advises in relation to exaggerated claims/malingering, arising from orthopaedic and psychiatric injuries, as well as fraudulent/exaggerated claims for special damages, such as loss of earnings, credit hire and bogus physiotherapy/treatment charges.

James also deals with other areas of fraud work, including employer’s liability and public liability claims. He recently obtained a finding of fraud and indemnity costs, in respect of a tripping claim by a prisoner, litigating against the Prison Service, relying on anonymous intelligence evidence.

Personal Injury

James acts for both Claimants and Defendants in all areas of personal injury litigation, fatal accidents and clinical negligence (including cosmetic surgery), with an emphasis on employers’ liability. James also undertakes disease work including HAVS, mesothelioma and claims for psychiatric injury in the workplace. He accepts instructions in occupiers’ liability cases, road traffic accidents and Animals Act 1971 claims. James also handles cases involving travel claims arising under the Package Holiday, Package Travel, and Package Tour Regulations 1992.

He is often instructed in cases of severe injuries (including brain injuries), requiring expert evidence and the drafting of extensive and complex schedules and counter schedules of loss. He deals with complex trials, as well as advising on paper and in conference. He is experienced in advising in cases of forensic loss of earnings claims, such as with self-employed Claimants or those who own/manage their own businesses.

As a keen motorcyclist, James is always happy to accept instructions in relation to accident claims involving motorcycles.

Additionally, James frequently advises clients on issues that span both employment and personal injury law, such as claims for psychiatric injury in the workplace, stress at work, and bullying/harassment claims pursuant to the Harassment Act 1997. James also has substantial experience in dealing with claims relating to prisons (defending claims by both prisoners and employees) through acting for the Ministry of Justice

James regularly participates in joint settlement meetings and is happy to act on a CFA funding basis in appropriate cases. He is both approachable and friendly and strives to provide a high standard of customer service and an efficient turnaround on paperwork.

Some representative examples of his personal injury practice include:

Junior counsel on brain injury case resulting in multi-million pound settlement – led by Michael Rawlinson KC
Junior counsel in a pedestrian injury claim by Indian national injured when working in the UK, who was sent back to India, post-accident. The case involved complex calculations of damages and the forensic assessment of employment prospects/loss of chance on an international basis, for a highly talented computer software programmer and other cross-cultural issues – led by David Allan KC
Settled claim on behalf of wheelchair dependent Claimant with hereditary motor and sensory neuropathy, whose condition was significantly accelerated in minor RTA – led by Michael Rawlinson KC
Acted for Claimant in clinical negligence claim which resulted in client having her leg amputated. Case settled for circa £1m at JSM
Acted for teacher in claim for psychiatric injury and sexual harassment in the workplace, which settled for in excess of £100k
Settled claim at JSM by former firearms police officer for work related stress
Successful finding of fraud and indemnity costs against a prisoner claiming to have tripped in prison grounds (using anonymous hearsay intelligence evidence)
Defended claim by prison officer for serious injury in the course of control and restraint training
Acted for the successful Claimant in a claim against the Royal Opera House following an accident to a self-employed police pathologist who tripped whilst a late attendee for a performance.

As an accredited Public Access barrister, James is able to accept advice and advocacy work directly from individuals or businesses through the Public Access Scheme, and is happy to discuss fixed fee or retainer rates for such work.

Travel & International Personal Injury

James acts for both Claimants and Defendants in all areas of personal injury litigation, fatal accidents and clinical negligence (including cosmetic surgery). He is an active member of the Travel Law Group and has wide experience in dealing with insurance fraud.

In recent years, James has also undertaken a significant amount of travel related litigation, principally related to the Package Holiday, Package Travel, and Package Tour Regulations 1992. He accepts work in the following areas:

Accidents abroad, including road traffic accidents, fatal and catastrophic accidents,
Package holiday claims, and local standards issues,
Claims involving cruise liners/shipping accidents pursuant to the Athens Convention 1974,
Food poisoning, gastroenteritis and IBS holiday illness claims,
Ruined holidays, honeymoons and other special occasions,
Accidents arising from sporting or adventure activities, such as skiing, cycling/motorcycling and use of swimming pools.

Inquests

James is experienced in undertaking Inquests. He is instructed by the Government Legal Department/Ministry of Justice, in cases arising out of deaths in custody. He recently appeared, on behalf of the Prison, in an Article 2 Inquest following the suicide of a vulnerable prisoner with mental health difficulties, with scrutiny of the systems in place both by the prison and healthcare provider, on early warning signs and support for at risk prisoners.

In addition, he has acted on behalf of family members, in Inquests relating to industrial accidents, including a Jury inquest, after a recycling centre worker was crushed to death, searching for a customer’s missing mobile telephone. He also has experience of undertaking Inquest work on behalf of the police.

Appointments

Bar Standards Board, Member of the Independent Decision-Making Body (2024)

Deputy District Judge (2022)

Legal Assessor for Social Work England (2019)

Junior Counsel to the Crown (appointed 2007, 2010, 2015 and 2020 (A Panel))

Legal Assessor to the Health and Care Professions Council (2010)

Associations

Personal Injury Bar Association

Employment Law Bar Association

Association of Regulatory and Disciplinary Lawyers

Education

LLB (Hons), University of Birmingham

Prescribed Information

James Hurd is a practising barrister, who is regulated by the Bar Standards Board. Details of information held by the BSB about James Hurd can be found here.

James Hurd’s clerks will happily provide no obligation quotations for all legal services that he provides. The Employment clerks contact details can be found here, and the Personal Injury clerks contact details can be found here. It is most common for James Hurd to undertake Court or Tribunal for a fixed fee or brief fee plus additional refresher days. For advisory work, drafting and conferences it is most commonly charged at an hourly rate, although fixed fees are available. Conditional Fee Agreements will be considered in cases with favourable prospects of success. James Hurd will typically return paperwork within 14 days, however professional commitments, complexity and volume of documentation can affect these approximate timescales.

James also undertakes Direct Access work. This work is undertaken on a contractual basis, as agreed between the client and James’s clerks. This is on fixed fee basis for a specific events such as a conference, advisory work, a hearing with additional hearing days (refreshers) or the drafting of specific documents. All work agreed to be undertaken by James with the fixed fee cost will be clearly outlined in the direct access contract signed by the client and will be payable in full prior to the commencement of the work.