James is recommended as a “very capable junior” in the Legal 500 for his expertise in product liability litigation and is ranked by Chambers & Partners in this field.  James acts in a variety of commercial and consumer litigation arising out of the sale and supply of goods or services. Between 2009-2011 James was junior Counsel for the defendant pharmaceutical company in the Fetal Anticonvulsant Litigation (FAC) – the group action in the High Court brought by children alleging congenital defects as a result of in utero exposure to an anti-epilepsy drug taken by their mothers during pregnancy.  James’ experience includes acting for clients in a range of industries, including medicinal, cosmetic, food, oil, clothing and furniture. Notable recent examples include: advising a bed and mattress manufacturer on product liability issues including procurement, labelling, trading standards and product recall; advising the manufacturer of hip prostheses in relation to a claim for damages for injury arising from a defective hip implant; drafting terms and conditions for the European supply of bacterial ingredients for food products, additives, oil and cleaning products; advising and representing a pharmaceutical company in respect of allegedly defective cosmetic injections; advising a food manufacturer in respect of potentially damaging investigative journalism on Channel 4.

Representative Cases

• The Fetal Anti-Convulsant Litigation (2011)
• Claimants registered in the GLO v Sanofi Synthelabo Ltd [2009] All ER (D) 180 (Jan): whether the “fair apportionment of risk” in the Product Liability Directive requires evidence of profits from the sale of pharmaceutical medicine.
  

James is recommended as a leading junior in the Legal 500 for his expertise in Health & Safety and Environment litigation: “Clients assert that James Purnell delivers ‘very practical and insightful advice on the procedural and legal issues and also in relation to case strategy’”.  In the field of health & safety and environment law, James is equally adept in the criminal courts as in the civil courts and is able to advise clients on their rights and liabilities arising in either arena. 

Recent cases include:

• Defending a cemetery company in a 2 week trial for breach of environmental health legislation including the depositing of waste without a licence.
• Defending the company which undertakes legionella risk assessments in a prosecution brought by the HSE. In addition to the criminal prosecution, James also represented the company in its appeal against an improvement notice. 
• Representing the defendant waste management company in a prosecution arising out of a fatality.
• Representing the interests of the employer of a JCB operator at an inquest in relation to a death at West Ham LUL station. 
• Representing the interests of the employer and driver of an HGV lorry at in inquest in relation to a death on the A2.
• Defending a landlord charged with an offence under the Gas Safety (Installation and Use) Regulations, for failure to ensure that her tenanted properties had valid gas safety certificates.
• Defending a company charged with a HSWA offence arising out of a hand injury to an apprentice operating a guillotine in a bridge manufacturing factory. 
• Defending a coach company charged with that offence under the Road Traffic Act 1988, that one of its coaches was in a condition such that its use involved a danger of injury to other people (the wheels fell off the bus).
• Defending a truck driver charged with an offence under the Road Traffic Act 1988, for failure to secure a load, causing damage to other road users.
• Representing a corporate motivation company in a prosecution for health and safety offences arising out of a fire-walking exercise;
• Representing a retail company in a prosecution for breach of health and safety and environmental protection legislation;
• Representing an agricultural company in a successful appeal against Environmental Protection Act notices;
• Representing a games company in a prosecution for health and safety matters and offences contrary to the Town and Country Planning Act;
• Advising one of the country’s largest Housing Associations as to its obligations under Health and Safety legislation as a landlord and as an employer in respect of Legionnaires’ Disease.
  

James is a specialist in personal injury litigation and regularly represents insurer’s interests.  He has considerable experience of employer’s liability, occupier’s liability, road traffic accident litigation, and litigation arising from the Package Travel Regulations.  James’ experience in personal injury litigation has included high-value claims involving tetraplegia with long-term care requirements.  James has particular expertise in injury litigation arising from false imprisonment, harassment and discrimination.

Representative Cases

• Lisa Ferguson v British Gas Trading plc [2010] 1 WLR 785 – consumer harassment

James has expertise in the field of insurance coverage disputes, particularly in the relation to property damage and product liability, including recent litigation in the High Court and Court of Appeal

• Conarken Group Ltd v Network Rail [2011] EWCA Civ 644: recovery of economic losses consequential upon negligent property damage.
• AXA Insurance UK Plc v Cunningham Lindsey UK Plc [2007] EWHC 3023 (TCC): recovery and extent of damages arising from loss adjuster’s breaches in an insurance claim for subsidence damage.
• Gleeson Group plc v Frankona Reinsurance (2006) (TCC): litigation arising out of dry rot damage during the course of a construction contract.
  

James is on the Attorney General’s Panel of Counsel and regularly represents Government Departments in the employment tribunal. James’s employment practice is, however, not exclusively governmental or respondent focussed. James’s employment practice has taken him to the Employment Appeal Tribunal on a number of occasions in the last year for both Claimants and Respondents. James has particular expertise in claims involving race, disability and age discrimination and claims involving stress at work, in which James is able to bring to bear his expertise in personal injury and health and safety law.  In addition to his tribunal expertise, James regularly advises and appears in the civil courts in respect of post-employment restrictive covenants.

Representative Cases

• Secretary of State BIS v Coward (2011) EAT – notice pay; company insolvency
• Secretary of State BIS v Stones (2011) EAT – redundancy pay; company insolvency; TUPE transfer
• Eastern & Coastal Kent PCT v Jocelyn Grey (2009) IRLR 429 – representing the claimant in disability discrimination claim (EAT) 
• Unegbu v Newman Stone [2008] All ER (D) 164 (Aug) – representing recruiter in application for costs in race discrimination claim (EAT)
  

James successfully represented the claimant consumer in the leading authority on consumer harassment: Lisa Ferguson v British Gas Trading plc (2009) 3 All ER 304 – (Court of Appeal).
Following the success of that case, James regularly advises both consumers and businesses as to their rights and liabilities in relation to billing and charging disputes.

James regularly appears in a broad spectrum of consumer credit litigation, including: debtor-creditor-supplier litigation; enforcement orders; time orders; civil fraud trials; unfair bank charges; injunctions; and harassment.

James frequently drafts and reviews consumer credit contracts, particularly since the recent changes in legislation brought about by the recent Consumer Credit Act. James drafts and appears in a variety of finance and debt litigation, including bank charges litigation, guarantee and cheque disputes, misrepresentation and restitution cases.

• The Fetal Anti-Convulsant Litigation (2011)
• Conarken Group Ltd v Network Rail [2011] EWCA Civ 644: recovery of economic losses consequential upon negligent property damage.
• Secretary of State BIS v Coward (2011) EAT – notice pay; company insolvency
• Secretary of State BIS v Stones (2011) EAT – redundancy pay; company insolvency; TUPE transfer
• Lisa Ferguson v British Gas Trading plc [2010] 1 WLR 785 – consumer harassment
• Claimants registered in the GLO v Sanofi Synthelabo Ltd [2009] All ER (D) 180 (Jan): whether the “fair apportionment of risk” in the Product Liability Directive requires evidence of profits from the sale of pharmaceutical medicine.
• Environment Agency v Brookwood Cemetery Ltd (2009) (Crown Court) – acquittal of defendant company in prosecution of offences under the Environmental Protection Act.
• Eastern & Coastal Kent PCT v Jocelyn Grey (2009) IRLR 429 – representing the claimant in disability discrimination claim (EAT) 
• Unegbu v Newman Stone [2008] All ER (D) 164 (Aug) – representing recruiter in application for costs in race discrimination claim (EAT) 
• AXA Insurance UK Plc v Cunningham Lindsey UK Plc [2007] EWHC 3023 (TCC): recovery and extent of damages arising from loss adjuster’s breaches in an insurance claim for subsidence damage.
• Gleeson Group plc v Frankona Reinsurance (2006) (TCC): litigation arising out of dry rot damage during the course of a construction contract.