| James Rowley, QC |
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| Date of: | QC - 2006 Call - 1983 | |||
| Phone: | 0161 829 2100 | |||
| Fax: | 0161 829 2101 | |||
| Email: | clerks@byromstreet.com | |||
| CV: | Download as PDF | |||
Summary Of Practice
Education
Stonyhurst
MA (Classics) Emmanuel College Cambridge,
Diploma in Law
Career History & appointments
Appointments:
Hardwicke Scholar of Lincoln’s Inn (1986)
Regional Treasury Counsel (2000)
Counsel to The Royal Liverpool Children’s Inquiry (Redfern Report into organ retention at Alder Hey Hospital)(2000)
Recorder of the Crown Court (2002)
Memberships:
Co-opted member of the Bar Council CFA Panel (1997-2004) and the Personal Injuries Bar Association Executive Committee (2000 - date). Member of Northern Circuit Medical Law Association.
Noteworthy Cases:
Report of The Royal Liverpool Children’s Inquiry - HMSO (2001)
Morris v Blackpool Victoria Hospital NHS Trust (2004) EWCA Civ 1294
CA (Civ Div) (Potter LJ, Rix LJ, Carnwath LJ) 13/10/2004
Despite a trial judge’s error in rejecting the medical diagnosis of IUGR against the majority of medical evidence, his other findings were fair and securely based on a reasonable approach to the evidence and therefore his dismissal of a claim in negligence against the defendant hospital was upheld.
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.
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.
McFarlane v Clifford Smith & Buchanan, Current Law May 2000 189, QBD, DJ Holloway.
Solicitor’s negligence action in respect of under-settlement following complete dislocation of the talus bone in a young man when avascular necrosis remained a real possibility . Leg ultimately amputated below knee. Case should never have been settled before amputation. Damages assessed on the basis that the trial of the original action would have been at the date of the professional negligence trial. Award of £724,477 including £122,803 for cost of artificial limbs and £166,690 for single-storey accommodation.
Craven v John Riches et al and Knockhill Racing Circuit,(2001) EWCA CIV 375, CA.
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.
Areas of Practice
James Rowley specialises in Personal Injuries and Clinical Negligence litigation. He has experience in Group Actions, Inquiries and in cases of maximum severity. His breadth of experience allows him to cover the entire spectrum of traumatic and clinical negligence cases, together with sporting injuries arising out of team games and motor-sports.
An understanding of medical/expert evidence, numeracy and attention to detail in paperwork maximises his client's position.
- Brain injury (including hemiplegia, blindness, dysexecutive syndrome, and hypoxic injury from cardiac arrest).
- Spinal injury (including paraplegia and tetraplegia, partial and total, and at different levels).
- Amputee cases at all levels, including bilateral amputation.
- Psychiatric Injury including P.T.S.D. (Monk Wearmouth Mining Disaster, British Airways wind shield blow-out, Korean Airlines Stanstead crash, PTSD Group actions v MoD) and mismanagement of schizophrenia.
- Obstetric and Neo-natal mismanagement: IUGR, failure in CTG monitoring, excessive use of Syntocinon, cases of twin delivery, cord prolapse and shoulder dystocia. Perineal tears. HIE, hypoglycaemia and polycythaemia, persistent pulmonary hypertension, Vitamin K deficiency and GBS infection in the new born, retinopathy of prematurity, achondroplasia/foramen magnum decompression.
- Delay in diagnosis of: cancers (especially breast and colon), meningitis, subarachnoid haemorrhage, brain abscess, tetanus, diabetic foot, aortic aneurysm, ectopic pregnancy and slipped femoral epiphysis.
- Cardiac disease, mismanagement of hypertension
- Minimally-Invasive (keyhole) surgery, ERCP including torn oesophagus, gastro-enterological and colo-rectal disease, acute pancreatitis and hepato-biliary tract disease. Gastrectomy and vagotomy.
- Radiation enteritis.
- Asbestos-related disease.
- Complicated calculations of damage (including pension loss) and valuation of claims.
Personal Information
Born in 1964, married with 3 children; armchair sportsman, gardener and cook.
Experience
Publications/Lectures
Pension Loss Calculation in Personal Injuries:
A Guide to Pension Loss Calculation [1995] JPIL 107 (referred to in Kemp and Kemp, The Quantum of Damages, Volume 1 until recently updated after Wells v Wells; and at p.101 of the Law Commission Consultation paper No.147 "Damages for Personal Injury: Collateral Benefits").
An Updated Guide to Pension Loss Calculation [1995] JPIL 212 (referred to at p.26 of Law Commission Consultation Paper No.147 - ibid).
Chapter entitled "Loss of Pension", Personal Injuries' Handbook, 1st Edition 1997 and 2nd Edition 2000, Sweet and Maxwell in conjunction with PIBA, 2nd edition edited by Kelly QC, Levene, Mead and Langstaff QC, 3rd edition to be published shortly.
Article entitled "Incapacity Pension - to Deduct or not to Deduct?" - Quantum Update Issue 1/98.
Practical Research Paper, "Calculating Pension Losses after Wells v Wells" - Sweet and Maxwell 1999.
Lectured on Pension Losses at the Inaugural Annual Conference of PIBA, Easter 1996 and as part of its Continuing Education Programme (1998); on 4 occasions for Euroforum at major conferences in London between 1996-1998; and for CLT in 2000.
Pension Loss Calculation - improve your game: PIBA Annual Residential Conference, Oxford 2003 and for Northern Circuit 2003.
Asbestos Litigation:
Paper on Asbestos-Related Litigation delivered at:
- APIL Conference on Occupational Diseases - Cambridge, Leeds and Cardiff - 1996-1998;
- Annual Conference of the British Cardio-Thoracic Society at a combined meeting with lawyers -
Liverpool 1997;
- IBC Conference on Occupational Diseases - Birmingham 1997;
- Euroforum Conference on Respiratory Diseases - London 1998.
Nursing Care:
Chapter on the legal basis for the assessment of nursing care in serious cases - "Personal Injury Major Claims Handling: Cost Effective Case Management" - Butterworths - Edited by Goldrein QC, de Hass QC and Frenkel - 2000.
Drafting Skeleton Arguments and Schedules of Loss:
Paper delivered at the APIL Annual Conference, Manchester 1997, in a workshop with Michael Redfern QC and Gordon Exall on Preparing for Trial.
Papers on Future Losses: Earnings and Pension and Drafting Schedules of Loss delivered for CLT in Manchester and London October 2000.
Conditional Fee Agreements:
Paper: Risk Assessment in Conditional Fee Cases, delivered at the Bar Council Annual Remuneration Conference, Leeds 12.05.01 and Manchester Law Society Costs Conference 2004.
Post Traumatic Stress Disorder:
Paper and Powerpoint presentation: The Nature and Treatment of Post Traumatic Stress Disorder - Implications for Legal Client Care: delivered Manchester 2003/4.
Combat Immunity:
Paper and Powerpoint lecture: Combat Immunity and the Duty of Care [2004] JPIL 4/04 at 280-290; and delivered at Byrom Street Chambers Symposium 2004.
Public / Private Inquiries:
Paper and Powerpoint presentation: The Role of Counsel to the Inquiry CLT Conference - London - autumn 2004.
Miscellaneous Lectures:
Numerous lectures over the years on, eg, Fatal Accidents, CICA, Accidents at Work, Heads of Damage, Limitation, the Civil Evidence Act 1995, Drafting Witness Statements and Interlocutory Tactics delivered in and around Manchester, especially to the Litigation Group of the Manchester Law Society.
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