James Marwick - Personal Injury

James has been recognised as a leading junior in personal injury work for a number of years. He specialises in high-value claims and undertakes work for claimants and defendants involving serious injury. He is Deputy Head of the Personal Injury Team at St John’s Chambers.

James accepts instructions in all areas of personal injury work but with particular specialisms including local authority liability, construction work, military and workplace injury & disease, and cases involving allegations of dishonesty and fraud, where James is recognised as a specialist in the field.

His work encompasses the full range of injuries but with a particular focus on cases involving spinal injury, pain disorders and traumatic brain injury.

He has been involved in a number of leading cases in recent years including Brown v South West Lakes Trust and others [2022] EWCA Civ 18 where he was successful in the Court of Appeal (led by Robert Weir KC) in a case concerning a fatal road traffic accident and the limits of the liability of occupiers. James is presently instructed in the COVID-19 frontline healthcare workers litigation in the High Court.

James is often instructed for claimants and defendants as sole junior in cases against leading counsel or those otherwise relating to life changing injuries and involving expert evidence across a range of disciplines.   He is presently instructed in a number of amputation and traumatic brain injury cases.

He is a highly experienced trial advocate known for his robust cross-examination of witnesses and experts.

His experience extends into dealing with the full range of procedural issues which arise in personal injury litigation, which is complemented by his expertise in costs litigation and professional negligence claims.

James has extensive experience of dealing with cases involving capacity, and issues in relation to damages and costs which may arise out of settlement including the management of funds and Court of Protection matters.

Recent cases include:

• Brown v South West Lakes Trust and others [2022] EWCA Civ 18- fatal road traffic accident where the deceased left a highway and entered into an adjacent reservoir.  The case was heard by the Court of Appeal on the arguability of issues relating to the liability of occupiers adjacent to the highway and misfeasance in the construction of the highway.
• Farnham v East of England & Ors (2024)- litigation in the High Court in relation to claims by frontline healthcare workers arising out of exposure to COVID-19 during the first waves of the pandemic.  Currently being managed by Senior Master Cook in the High Court.  James acts as counsel for the Welsh Health Boards.
• AE (2023) – James acts for the defendant in this ongoing multi-million pound case concerning an alleged functional neurological disorder and involving complex neurological and psychiatric causation issues.
• TH (2023) – James acted for a claimant who suffered serious spinal injuries in an RTA and secured a significant settlement from the MIB.
• RC (2023) – High Court litigation arising out of a fatal accident following a car chase in Birmingham.  The proceedings raised issues of legal significance as regards the doctrine of illegality.
• MM (2022) – James secured findings of fundamental dishonesty at trial for a major Insurer following a multi-day trial in the County Court in Cardiff in a case relating to phantom occupancy.
• Cornish v Darnley (2022) – reported decision where James was successful on appeal for a major Insurer in establishing that the Judge below had erred in finding that proven dishonesty was not fundamental dishonesty.
• BG, FH & HJ (2023) – ongoing (unrelated cases) where James acts for former and serving soldiers relating to Non Freezing Cold Injuries sustained whilst serving in the Army.
• GKN & Ors – James has acted for many years for the Insurers of automotive factories in the Midlands and historic claims of noise induced hearing loss, successfully acting for the Insurer in a large number of trials or securing notices of discontinuance ahead of trial.