James Newman

Call date: 2000
Email: 

Areas of Practice

Profile

Qualifications

LLB(hons)

Experience & Expertise

James is a highly effective litigator and court room advocate with wide experience of Chancery and Commercial work in the High Court and Court of Appeal.

James qualified in 2000 into a mixed common law set where he undertook criminal, immigration and general civil work.  His experience in Criminal Law allowed him to hone his skill and earn him a reputation as a formidable cross-examiner.

James has a varied and interesting practice and is particularly experienced in commercial, property and professional liability work.  Commercial litigation forms the core of his practice and he regularly advises and acts for clients in cases relating to contractual claims, directors/trustees breach of fiduciary duties, minority shareholders and partnership disputes.

Much of James’ practice comprises property litigation.  This include disputes relating to boundary positions, adverse possession, easements, restrictive covenants, nuisance and mortgages (which include undue influence, capacity, enforceability and possession).  He is regularly asked to comment on property related matters in the national press.

He has considerable experience in the professional liability field, particularly in relation to property-related and financial professionals.

In addition he undertakes work in the personal injury and costs field.

He has an in depth knowledge of the Consumer Credit Act 1974 and the related provisions which compliments both his commercial and property practice.

He is regularly instructed by Temple Legal Protection Ltd (a market leading legal insurance provider) to provide advice on whether it should provide third party funding/ATE on Commercial related matters.

He regularly contributes to the Commercial, Property and Personal Injury Seminars  provided by Ely Place Chambers.

Current & Recent Work

Temple Legal Protection Ltd v Michael Lent (2014):  (led by James Laddie QC) representing Temple in its High Court  claim against its former underwriting director for numerous breaches of fiduciary duty.  The claim was successfully concluded by securing an eight month springboard injunction, damages of £50,000 and a payment of costs of £115,000.

David Scott v Gardline Shipping (2014): (led by Nicholas Stewart QC) representing the Claimant in an ongoing claim High Court claim  involving a disputed share option worth in the region of £10,000,000.

Cooper and Stollbrand v G4S (2014):  representing the Defendant in a case in which it was alleged that it was an assignee of a keyholding agreement and therefore could not rely on the exclusion clauses contained within the agreement.

Natarlee Lawrence v United Housing Association (2014): Represented the receiving party (claimant) at a 4 day detailed assessment hearing involving complex legal arguments relating to the enforceability of CFAs, recoverability of success fees and proportionality.

Sarah Rix v Lloyds TSB (2014): advising the Claimant in respect of the Defendant’s negligent handling of building works.

AB v CD (2014): Successfully representing the Claimant  in a professional negligence claim by a client against his former solicitors relating to its negligent handling of the Claimant’s possession claim.

Francesca Martin v Daniel Blofeld-Marsh (2014): Acting on behalf of the Claimant in her ongoing personal injury claim where damages are valued in excess of £600,000.

Natalie Ducker v Glossop (2014):  Acting for the Claimant where she received £375,000 for a serious bilateral knee injury.

British Telecom v Jaiya (2013): Successfully obtained a freezing injunction to assist in the enforcement of a costs order made against the Defendant in the Employment Tribunal.

Reported Cases  

Stanley v Rawlinson [2011] EWCA 405 (CA):  A boundary dispute that required the first instance court to decide who was too blame (if anyone) for the collapse of an ancient wall situated on the Appellant’s land.  As part of its decision the Court of Appeal provided guidance on an expert’s role in the preparation of a claim.

Brian White v Drain Doctor Limited [2011] EWHC 3998: Acting for the Claimant in a successful appeal in which Mr Justice Popplewell found that the Recorder hearing the trial was biased, or at the very least, had shown the appearance of bias against the Claimant because of his funding arrangement.

John Poulton v Basildon District Council [2010] EWHC 3024 (admin):  Case in which the Court provided guidance as to how it should approach applications to strike out cases involving direct statutory appeals.

King’s Hill (No1) Limited v Mr Emmanuel Opiah [2010] 2010 All ER(D) 163: Sir Charles Gray sitting as a Judge of the High Court dismissed Mr Opiah’s appeal holding that it was settled law under CPR 39.3 that a judgment made at trial can only be set aside if the application is made promptly, if the party had good reason for not attending, and there were reasonable prospect of success at trial.

Satnam Singh Ark v Sukhvinder Kaur Sandhu 2010 (Ch D):  Eight day hearing in which the Defendant  argued that a will allegedly executed in India by the Deceased was not validly executed document, and if so, whether the Deceased was coerced into doing so by the Claimant.

Professional Memberships

Property Bar Association

Personal Injury Bar Association