James Rowley specializes in Personal Injuries litigation of maximum severity or special interest. His breadth of experience allows him to cover the entire spectrum of cases. He has a particular interest in military 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.

Reported cases
Dunhill v Burgin [2011] EWHC 464 (QB)
In carrying out a retrospective assessment of a claimant's capacity to settle a personal injury claim, there was no reason why the court should have to consider her capacity to make decisions on issues which had never arisen. The issue of capacity had to be determined in accordance with what the person concerned actually did and not what she might have done and, on the evidence, the claimant had not rebutted the presumption in favour of her having capacity; and the resulting consent order was not void on that basis.

Dixie v. British Polythene Industries PLC [2010] EWCA Civ 1170
Abuse of process : discretion : late service : limitation periods : personal injury claims : reinstitution of proceedings : entitlement to re-issue proceedings following striking out of claim for failure to serve in time : s.33 limitation act 1980 : r.7.5 civil procedure rules 1998 : r.7.6 civil procedure rules 1998

Threlfall v. Hull City Council [2010] EWCA Civ 1147
Breach of statutory duty : personal protective equipment : protective clothing : risk assessment : statutory interpretation : suitability : waste disposal : correct approach to assessing "suitability" of personal protective equipment within meaning of Reg.4 Personal Protective Equipment at Work Regulations 1992 : relationship between Reg.4 and Reg.6 Personal Protective Equipment at Work Regulations 1992 : Reg.4 Personal Protective Equipment at Work Regulations 1992 : Reg.6 Personal Protective Equipment at Work Regulations 1992 : Reg.4(3)(d) Personal Protective Equipment at Work Regulations 1992 : Reg.4(3)(a) Personal Protective Equipment at Work Regulations 1992

Stanley v Bryn Close t/a Armthorpe Moto Parc [2009] EWHC 2849 (QB)
Contributory negligence : duty of care : motor sports : motorcycles : vicarious liability : marshalling : training and employment regime

The court determined that a motor track operator was both vicariously and directly liable for the actions of one of its track marshals, following a collision between two motorcyclists, as it had failed to properly employ and train the marshals.

The Kajaki Dam Disaster v MoD (2008)
Liability compromised on confidential 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.

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