James Byrne

James acts for claimants and defendants across a broad range of personal injury work, though specialises in complex and high value catastrophic injury cases, particularly those relating to brain injuries, and fatal accidents.

Alongside being available to advise formerly in respect of liability and quantum, draft pleadings and schedules, James prides himself on being at the end of the telephone for any of his instructing solicitors who would like an informal chat about the issues they are concerned about.

James is a contributor to LexisNexis, PI Update, and Kemp and Kemp.

Road traffic accidents:

A significant part of James’ practice comes from injuries caused in road traffic accidents. James has a particular interest in:

• Assisting developing and advising on liability evidence, including the preparation of, and/or advising how the challenge, accident reconstruction reports;
• Advising on primary liability and contributory negligence contributions;
• Unnamed driver and/or uninsured driver MIB claims, both domestic and international.
• Causation arguments concerning the wearing of safety equipment such as seatbelts or cycle helmets.

James also acts as one of the primary barristers used by UK Cycling for claims involving cyclists. This work covers both professional and amateur cyclists, encompassing road traffic liability, Highway Acts claims and occupiers’ liability.

Employers Liability

James is regularly instructed to advise on accidents in the workplace, with a particular focus on accidents in an industrial and construction setting, whether it be the failure to provide safe systems of work, accidents at height, breaches of the constructions regulations, the use of faulty equipment and/or the vicarious liability of negligent co-workers.

Highways Act claims

James has represented both claimants and highway authorities in claims brought pursuant to the Highways Act and/or in negligence, including being asked to advise on the meaning of dangerousness, whether a defect is part of the fabric of the highway, defects caused by road resurfacing, flooding, the reasonableness of inspections and what constitutes a trap in negligence (e.g. defective street furniture).

Occupiers’ Liability

James has experience on advising on the reasonable steps that should be taken to make a premises safe, the fault of independent contractors, and who is the occupier for the purposes of the litigation.

Notable Personal Injury cases

• Richards v TUI UK Ltd (ongoing)
  

  Junior to Andrew Ritchie QC, representing 85 claimants made up of the families of those murdered and injured at the Hotel RUI Imperial Marhaba in Tunisia in 2015 as a result of the a terrorist attack by an ISIS militant.

• Croydon Tram disaster
  

  Junior to Andrew Ritchie QC, representing families of 5 of the 7 persons killed when a tram derailed at the Sandilands Junction, Croydon in 2016 .

• XYZ v The Football Association, Rugby Football Union (all home nations) and others (ongoing)
  

  A proposed class action suit representing various household name sports stars from professional football, rugby union and rugby league who allege that due to failures of their sports’ governing bodies to take appropriate medical action they suffered long term dementia type injuries.

• Naran (deceased) and Soni v Highways England and others (ongoing)
  

  Representing the Claimants in a fatal accident case where 8 year old Dev Naran was killed after a lorry struck his vehicle, which had stopped on a smart motorway. The case has received national press attention forcing Highways England to admit that smart motorways are not safe as previously reported.

• Zawadski v Willliams & MIB (ongoing)
  

  Representing a claimant in a multi-million pound claim against an uninsured driver, who caused him a catastrophic brain injury when the Claimant stepped out in front of his car whilst crossing the road.

• Rachfal v P&D Engineering
  

  Representing a claimant who suffered terrible facial injuries when her hair got tangled in a lathe machine causing total avulsion of her scalp.

• Horncastle v Felixstowe Docks (2019)
  

  Successfully represented Felixstowe by proving fundamental dishonesty against a claimant who hid the true picture of his loss of earnings post-accident. The case is unusual as, on James’ advice, it was one of the first to take the tactical approach of pleading a counterclaim of deceit allowing the Defendant to be awarded damages.