James Marwick


James Marwick

Call 2008
Qualifications LLB (Hons) Durham & BVC Nottingham

Expertise


James is instructed on a growing number of recovery actions or cases with a contribution/indemnity issue. He also undertakes professional negligence work and more general commercial litigation, where he has a particular interest in cases where the extent of tortious or contractual duties owed is in issue.

Recent cases

  • Successful recovery action for a local authority against a third party insurer in relation to damage caused by a driver to the carriageway.
  • Acting for an insurer in relation to a claim for losses incurred by its insured arising out of the negligence of a third party security company.
  • Defeating a six-figure claim against a construction contractor arising out of the interpretation of contractual indemnities.
  • Successfully acting for the claimant in relation to the negligent compromise of her employer’s liability claim.

 

James undertakes work in all areas of personal injury and is presently instructed as sole counsel in a number of cases worth up to £1 million.

Particular specialisms include the construction industry and local authority liability as well as credit hire work. James is regularly instructed to act where there is an allegation of fraud or fundamental dishonesty and he is an experienced trial advocate particularly where there are causation concerns. He is a specialist in all procedural matters and has recently acted in several cases concerning the deployment of surveillance evidence and the disapplication of QOCS.

This work complements instructions in the full range of road traffic, PL and EL matters (including industrial disease matters) where James is often engaged to act in matters where the extent or nature of a tortious or contractual duty of care is in dispute.
James has a significant advisory and drafting practice. He is regularly instructed to attend CCMCs and to deal with all elements of costs budgeting, as well as wider costs matters, including detailed and provisional assessment or the application of the portal and fixed costs regimes.

Recent cases

  • Successfully increasing a CICA award for a sexually abused protected party from £30,000 to £275,000 on appeal.
  • Acting as sole counsel for an infant in relation to the settlement of a multi-million-pound catastrophic injury award in the High Court.
  • Successfully acting for a construction contractor in multi-party High Court litigation arising out of an occupier’s liability claim with contribution/indemnity issues.
  • Several successful actions in crash for cash-related road traffic litigation.
  • Acting in a number of test cases relating to portal and fixed recoverable costs matters.
  • Representing a local authority in relation to a six-figure CICA claim for an infant in its care.

Costs

James undertakes all aspects of inter-parties costs work, whether arising in a personal injury context or otherwise. This includes costs management, detailed assessments and dealing with technical issues such as the validity of retainers. He is also regularly instructed with costs issues in general litigation, particularly arising out of the portal or fixed recoverable costs regime. James conducts regular seminars dealing with costs updates, such as the budgeting regime and subsequent changes, and fixed costs under Part 45 & the Portal.

James has a special interest in all matters relating to village greens, parks and open spaces. He maintains a discrete practice acting for local authorities and parish councils.   He is regularly instructed by local authorities to act as an independent inspector in relation to village green applications. He contributes to Westlaw as its village green insight author and deals with matters relating to land ownership, registration and possession.

Practice Overview

James Marwick is a personal injury, insurance, clinical negligence and costs barrister with a nationwide practice acting for both claimants and defendants in the County Court and High Court.

His personal injury work has a particular focus on cases involving the construction industry and local authorities together with those cases where there is fraud or fundamental dishonesty alleged. James is frequently engaged to deal with matters with novel costs or procedural issues or those otherwise requiring technical expertise.
James is instructed on insurance and litigation funding related matters extending from advising on insurance policies and CFAs to undertaking substantive litigation in recovery actions and all aspects of costs work in Court.

He benefits from previous experience working in Jersey and Guernsey where he was involved in a range of high value personal injury and insurance litigation. James is frequently retained to act for local authorities and construction companies in relation to property damage claims.

His clinical negligence work includes acting for both claimants and defendant and he is regularly instructed where there may be complex procedural issues at stake.
Complementing his main areas of practice and his local authority work, James is a village green specialist and he has a busy practice acting for registration authorities as an independent inspector and providing advice on discrete issues.

Background & Interests

James is originally from Newcastle and has re-located to the South West as his wife’s family is based here. In his spare time, James is an avid rugby player and presently turns out for Trowbridge RFC 1st XV.