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Hendersons - Barristers' Chambers

James Williams

Call
2010 (Solicitor: 2008)

James practices in three core areas: product liability and group actions; the law of the workplace, including employment and health & safety; and general commercial work.

His recent or current experience includes: acting for Cape in a six-week High Court trial in the High Court, resisting claims by the insurers of certain former employers of mesothelioma victims for a contribution to sums paid out; appearing for the worker as sole counsel in the Court of Appeal and ECJ in an ongoing dispute over payments in lieu on termination for unpaid holiday pay; and being instructed by the defendant Jersey funds in an arbitration under LCIA rules, involving allegations of commercial fraud by the claimant bank in Germany and Luxembourg.

After qualifying as a solicitor in 2008, James spent two years as an associate in the corporate group at Slaughter and May. He was then a judicial assistant at the Court of Appeal in 2010, where he assisted Arden LJ. He is committed to giving practical advice and resolving disputes as quickly and cost-effectively as possible.

 

Expertise


Product Liability & Group Actions

James was part of the team acting for the defendant in Concept 70 v Cape Intermediate Holdings, led by Justin Fenwick QC, Geraint Webb QC and Andrew Kinnier. The case concerned liabilities for historic asbestos exposure: the former employers of workers suffering from mesothelioma sought (through their insurers) a contribution from Cape under the Civil Liability (Contribution) Act 1978 towards settlement sums paid out. The case settled after the conclusion of a six-week trial in the Queen’s Bench Division in February 2017.

Also in the field of industrial disease, James is currently instructed as junior by the Department of Business, Energy and Industrial Strategy (as successor to the liabilities of the National Coal Board) in the British Coal Coke Oven Workers Litigation under a GLO.

James has been instructed on behalf of Smith & Nephew, the medical equipment manufacturers, in the ongoing metal-on-metal hip replacement litigation.

In individual product liability matters James was led by Geraint Webb QC acting for Bednest Ltd following the death of a baby in a bedside sleeper in April 2015. He has also acted on a range of smaller disputes over allegedly defective goods including domestic appliances, fertilizers and vehicle components.

As a C Panellist, James has also been instructed on several multi-claimant actions for the Ministry of Defence, including the Q Fever, Noise-Induced Hearing Loss and Non-Freezing Cold Injury litigation. He also assisted with some of the complex costs issues arising out of the GLO following the dismissal of the claim by the British Nuclear Test Veterans in the Supreme Court.

Representative cases

grid list
  • Concept 70 v Cape Intermediate Holdings
  • The British Coal Coke Oven Workers Litigation
  • The Metal-on-Metal Hip Litigation

Company, Commercial & Insolvency

James has a broad and growing commercial practice. He is currently acting for a Jersey-based fund in a major arbitration under LCIA Rules over its refusal to pay out to an investor associated with various alleged frauds in different European jurisdictions.

His background as a City solicitor enables James to advise on all aspects of company law. Whilst an associate at Slaughter and May he worked in the corporate / insurance group on a range of transactions, including the creation of the Asset Protection Scheme by HM Treasury to deal with the UK banking crisis in 2009, and Prudential PLC’s proposed rights issue and $36bn bid in 2010 for the AIA insurance group. He also gained experience of commercial agreements, regulatory, outsourcing, insurance and IT issues.

Between 2014 and 2016 James undertook a part-time secondment at HSBC, assisting with the FCA-led Review of mis-sold interest-rate hedging products and the assessment of consequential loss claims by HSBC customers.

Instructions Include

  • Advising an AIM-listed company about its liability for brokers’ commission payments following a successful placing.
  • Appearing in the Chancery Division (on behalf of a creditor with the benefit of a retention of title clause) in resisting an application by the administrators of a digital media company for an order under paragraph 72 of schedule B1 to the Insolvency Act 1986 to dispose of an asset in its possession.
  • Acting for a major bus operator in a dispute with a software supplier over the performance of an IT system designed to reduce fuel consumption and emissions.
  • Acting for the MoD in relation to a claim over condition and description of two former RFA vessels intended for recycling.
  • AMP v Persons Unknown [2011] EWHC 3454 (TCC), [2012] All ER (D) 178 (Jan): Appearing in the TCC on behalf of the successful applicant. Believed to be the first case in which an injunction was used to restrain file-sharing through BitTorrent technology.
  • Advising an English local authority on the viability of financial derivative / swap transactions in the light of the Localism Act 2011.
  • Advising a construction company on the application of the Arbitration Act 1996 to its dispute with a state government in Nigeria over a major infrastructure project.
  • Advising a British chemicals company over the purported termination by its main German customer of their longstanding trading relationship.
  • Assisting a South African fertiliser manufacturer on agency and conflicts of law issues regarding the supply by an Indian company of defective chemicals via an English agent.

Employment

James has wide experience of all aspects of statutory employment work including employment status, unfair dismissal, TUPE, discrimination, redundancy and whistleblowing. He appears frequently in the Employment Tribunal and EAT.

James has a particular interest in working time and is currently instructed as sole counsel on perhaps the most significant case on holiday pay to reach the ECJ in the last few years: King v Sash Window Workshop Ltd C-214/16. James has acted for Mr King throughout in a case concerned primarily with the entitlement to payments in lieu on termination under the Working Time Regulations 1998. The case is particularly relevant in cases where the worker (like Mr King) has been miscategorised during the employment relationship and not paid any holiday pay. The outcome will be of great importance to the balance between employers and workers in the developing gig economy.

James is also regularly instructed in common-law employment disputes and injunction applications involving employee competition, confidential information, wrongful dismissal and restrictive covenants. He advises both employees and employers.

Helped by his experience in group actions involving personal injury, James is also familiar with the law of employer’s liability and workplace injury claims.

Instructions Include

  • Advising an employee of a recruitment company threatened with an injunction for breach of restrictive covenants in simultaneous High Court and Employment Tribunal proceedings
  • Acting for a large estate agent whose manager was accused of poaching staff from his former employer, a rival company
  • Acting for a group of former employees of a car manufacturer who lost significant employment benefits following a TUPE transfer when their division was outsourced

Representative cases

grid list
  • King v The Sash Window Workshop Ltd C-214/16

    This landmark case concerns working time and a worker’s entitlement to a payment in lieu on termination for accrued but untaken holiday, particularly in cases where employment status has been miscategorised.

    The ECJ delivered its judgment in November 2017, whereupon the case returned to the Court of Appeal. James has acted for Mr King as sole counsel at every stage since the ET1 was drafted in 2012. In the EAT the case also considered questions of compensation in discrimination claims: see [2015] IRLR 348. James has acted pro bono in this case since the end of 2014.

  • Kenyon v MoJ (2017) UKEAT/0046/17

    Represented a prison officer in a case concerning orders for re-engagement following a finding of unfair dismissal, in circumstances where a finding for contributory fault had been made. The appeal also raised certain points of procedure regarding the power of the ET to revise its oral reasons, but settled after permission to appeal was granted.

  • Vaughan v Ministry of Defence [2015] EWHC 1404 (QB)

    James appeared as junior to Malcolm Sheehan QC for the MoD, the successful defendant, in Vaughan v Ministry of Defence [2015] EWHC 1404 (QB), [2015] All ER (D) 207 (May), a decision concerning the limits of an employer’s liability for personal injury in the context of off-duty service personnel.

  • T-Systems Ltd v Lewis (2015) UKEAT/0042/15

    Acted as sole counsel on behalf of the appellant employer in a case concerning the proper approach to the phrase “something arising in consequence of [her] disability” in s.15 of the Equality Act 2010 and its relationship with the duty to make reasonable adjustments.

  • Pan v Portigon AG London Branch (2013) UKEAT/0116/12/LA, [2013] All ER (D) 53 (Sep)

    Appeared (as junior to Patrick Green QC) in the EAT on behalf of the appellant in a race discrimination and constructive unfair dismissal case. The appeal was mainly concerned with the “Burns – Barke process” and related points of ET procedure.

  • Hospital Medical Group v Westwood [2012] EWCA Civ 1005, [2013] ICR 415

    Appeared (as junior to Patrick Green QC) in the Court of Appeal on behalf of the appellant. The decision was for a while the leading case on the meaning of “worker” for the purposes of s.230 of the ERA 1996 and reg 2 of the WTR 1998.

Health & Safety

James is developing his Health and Safety practice. He has considerable experience of inquests, especially in the context of deaths in custody. He has advised on HSE investigations and proposed fines.

Instructions Include

  • Acting for the Ministry of Justice in an inquest into the death of a prisoner at Watford General Hospital shortly after falling ill at HMP The Mount.
  • Acting for Virgin Healthcare, the outsourced healthcare provider, in an inquest into the death of a prisoner at HMP Coldingley.
  • Representing the Ministry of Justice in an inquest into the suicide of a prisoner at HMP Northumberland.
  • Advising a film production company on the likely level of fine from the HSE after an injury to an actor on set.
  • Acting for Bednest Ltd (led by Geraint Webb QC) in relation to an inquest into the death of a seven-week-old baby in a bedside sleeper.
  • Advising a Community Benefit Society in relation to an HSE investigation into its installation of rooftop solar panels and alleged breaches of the Working at Height Regulations 2005.

 

Instructing James Williams

If you require help or advice please contact our clerking team

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Appointments
  • Junior Counsel to the Crown (C panel) (2014-)
  • Associate in Corporate group at Slaughter and May (2008-2010)
  • Qualified as a solicitor (2008)
Memberships
  • Commercial Bar Association
  • Employment Lawyers Association
  • Employment Law Bar Association
Education
  • BPP Law School, 2003-05 (GDL 2004; LPC 2005)
  • Christ’s College, Cambridge 2000-03 (MA History, 1st class)

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