James Rowley specializes in Personal Injuries and Clinical Negligence litigation of maximum severity or special interest. He has appeared in high profile Group Actions, Inquiries and Inquests. His breadth of experience allows him to cover the entire spectrum of traumatic and clinical negligence cases. He has particular interests in military and obstetric claims. An understanding of medical/expert evidence, numeracy and attention to detail in paperwork maximizes his client's position.

James Rowley has a detailed understanding of the law of tort as applied to personal injury cases, as well as knowledge of the relevant statutory duties and accompanying case law. He has covered cases on liability involving almost every conceivable type of personal injury claim including:

• accidents on the roads
• accidents on construction sites, in factories and involving Occupiers’ Liability
• military accidents in training and disasters in Iraq and Afghanistan
• sporting injuries
• industrial diseases

On the quantification of claims, James Rowley takes an active role in choosing and leading the team; and he undertakes the preparation of detailed Statements of Case, Schedules and Counter Schedules himself in heavy actions. He has particular experience in cases of:

• Brain injury including hemiplegia, blindness and dysexecutive syndrome.
• Spinal injury including paraplegia and tetraplegia, partial and total, and at different levels.
• Amputee cases at all levels, including bilateral amputation.
• Psychiatric Injury and especially P.T.S.D.

Dixie v. British Polythene Industries PLC [2010] EWCA Civ 1170
Resurrection of a personal injury action, invoking the discretionary provisions of s.33 of the Limitation Act 1980, and abuse of process.

Threlfall v. Hull City Council [2010] EQWCA Civ 1147
Guidance on the correct approach to the Provision of Personal Protective Equipment Regulations 1992.

Stanley v Bryn Close t/a Armthorpe Moto Parc [2009] EWHC 2849 (QB)
Moto Cross practice track operator in breach of primary duty to provide competent marshals and vicariously liable for 14 year old boy when giving incorrect flag signals to amateur visiting riders, leading to collision with a stalled rider and serious brain injury.

The Kajaki Dam Disaster v MoD (2008)
Liability compromised on undisclosed terms between a section of 3PARA losing limbs and life in a minefield in Afghanistan in 2006. Chinook rescue helicopter attempted to land, the downwash causing further detonations. Issues on liability involving combat immunity and the duty of care; resources; practicalities; military planning and deployment of proper aircraft in Medevac.

Samantha Roberts v MoD (2006)
Liability and quantum compromised on undisclosed terms. Sgt Roberts, the 1st British casualty of the 2nd Gulf War, was shot and killed by his own side having given up his body armour, which was in short supply and would have saved his life. Issues involving combat immunity and the duty of care; political constraints on the open purchase of equipment in the run up to the declaration of hostilities while UN Inspection Teams were still in Iraq; deficiencies in training in the firing of the coaxial machine gun of the Challenger 2 tank.

In the PTSD Group Actions - Multiple Claimants v MOD [2003] EWHC/1134 (QB)
Ministry not generally in systemic breach in the past when the risk of chronic/delayed PTSD was thought to be low. Ministry immune under Statute prior to 1987 and with continuing Common Law combat immunity as widely defined. However, 4 of the 14 Lead Claimants established liability (subject to statutory immunity in early cases) for Bolam breaches in their care after combat. CBT and drug therapy found to be effective in the treatment of PTSD.

Craven v John Riches et al and Knockhill Racing Circuit [2001] EWCA CIV 375
High Tetraplegic. Negligence - Sport - Tort. Occupiers' Liability: Motorcycles: Race Tracks: Events: Enthusiasts: Speed Groups: Riders: Excessive speeds: Unexpected dangers: Causation: Factors causing accident: Duty of Care: Obstructions: Contributory Negligence: Occupiers' Liability Act (Scotland) Act 1960.

Jebson v MOD [2000] 1 W.L.R. 2055, I.C.R. 1220 CA
"Ministry liable for injury after night out" - where an obligation of care was implied or assumed in respect of a person who was likely to be drunk, that liability could not be avoided because the person was inebriated.

Cargill v PR Excavations, apil vol. 10 issue 2, May 2000, QBD, Penry-Davey J
Experienced ground worker suffered severe brain injury when working with an excavator driver of equal status, as spoil placed too close to the excavation fell into it. Absolute breaches of statutory duty but caused by the two men themselves. Principles of joint enterprise and vicarious liability applied leading to recovery of 50% of damages to be assessed.

Sample current cases
Too numerous to specify. Relevant cases will be supplied on specific request.