James James

Barrister: James Byrne

Call:
2006

Education:
Lincoln's Inn Accommodation Award, Cholmondeley Award; Lord Denning Scholarship; Hardwicke Scholarship

Overview:

James is recognised by those who instruct him as having an extremely bright future ahead of him. He is regularly instructed in high profile and complex cases due to his approachability, excellent work ethic and tactical nous. 

James was recently invited to join 9 Gough Square’s Clinical Negligence and PI teams, with a primary focus of clinical negligence work. With a background in complex criminal fraud work James has been able to transfer his talents as a powerful and astute advocate to good effect. As a fraud barrister James built his reputation as a leader in the field on his ability to conduct persuasive and intelligent cross-examination of financial experts to successfully undermine the case against his clients. He now applies the same polite and engaging court room presence in a similar manner to support of his client’s cases against medical experts.

Currently, and separate to his Clinical Negligence work, James has been instructed by the Serious Fraud Office as counsel prosecuting the confiscation element of the Libor rate-fixing scandal. The work includes some ground breaking analysis of confiscation law.

Interests

Since retiring from a long amateur (in the truest sense) career playing Rugby, James now competes at Ironman and long distance swimming.

Clinical Negligence

James is establishing a thriving practice in the field of clinical negligence, accepting instructions from private clients, NHS Trusts, medical defence organisations and private medical and related institutions in substantial claims including catastrophic injury, particularly brain and spinal injuries, and claims arising from the use of medical products and equipment.

With a background in criminal law James is a robust, tenacious and persuasive advocate when advancing his client’s case, but balances this with a relaxed, friendly and sensitive approach towards his clients who often are dealing with the after effects of extremely traumatic events. James' wife is a doctor, thus he has a unique insight into the medical profession that many barristers in this field lack.

Personal Injury

James' represents both claimants and defendant in claims arising from work place accidents, road traffic matters, public and occupiers liability, asbestos exposure and accidents in foreign jurisdictions. Alongside being available to advise, draft pleadings and schedules James regularly appears in both fast and multi-track trials where his background experience as a criminal barrister has taught him to be an effective and persuasive court advocate.

James recently assisted in writing of the new chapter about limitation periods in the  9 Gough Square book "Asbestos Claims: Law, Practice and Procedure".

Inquests

James accepts instructions to act for interested parties, including bereaved families and regulatory bodies in Inquests conducted at the Coroners' Courts, providing tailored, thorough and supportive representation throughout the process.

James' pedigree as a criminal barrister and his long-standing experience of the cut and thrust of the Crown Court lends itself well to the practical handling of inquest cases, particularly, the examination of witnesses and the presentation of complicated legal arguments to ensure all of the evidence is heard.

As a triathlete, serious cyclist and everyday commuter James has a unique insight and particular expertise in cases dealing with fatal road traffic accidents involving bicycles & motor vehicles.

Criminal / Civil Fraud & POCA

James' practice focuses heavily on the most complex and high profile frauds and asset recovery cases. As a mark of his ability James has been instructed by the Serious Fraud Office in its bellwether prosecution of the Libor fixing scandal.

Over the past two years James has also been retained by the Serious Fraud Office to provide strategic advice regarding the recovery of assets from some of the UK's biggest criminals in both the criminal and civil courts. James has built up a specialist knowledge that includes advising on receiverships, insolvency, trusts and possession law.

Notable Cases

  • Libor Prosecution: Manipulation of the LIBOR by the largest international banks in the world.
  • Rastogi: $750 million global metal trading fraud.
  • Afzal & McGarry: £50-60 million mortgage fraud that led to the near collapse of the Cheshire Building Society.
  • Thorne: Reported High Court judgment setting out the law with regards to a applicant obtaining a certificate of inadequacy.

General & Regulatory Crime

James is currently a grade 3 prosecutor and accepts instructions in general crime, serious crime and regulatory crime. He particularly enjoys cases of a complex and tactical nature. James has recently concluded defending against the largest prosecution ever brought under the Gangmasters Regulations. As part of the defence James sought to challenge the abuse of process ruling of R v A (in the first case ever heard at Bristol Divisional Court). In concluding the case District Judge Cooper of Swindon took time to praise James for the outstanding contribution and hard work he had put in the case. From a seemingly hopeless situation, James ultimately earned his client an absolute discharge and minimal costs.

The Metropolitan Police instruct James to seek gang injunctions against some of London’s most dangerous and hardened criminals. This remains a fledging area of law in which James is playing a leading role in defining the scope and extent to which these injunctions can apply.

Commercial & Property Law

As the fastest growing area of his practice and with a background in receivership, insolvency, asset recovery, trust law and possession claims, James welcomes instructions across the full spectrum of commercial and property disputes.

Unlike most commercial counsel James is able to draw on a wealth of experience as a Jury advocate and as such has a robust, fearless and persuasive courtroom presence tempered for whichever court his appears; be it Small Claims, County or High Court.

James has a particular interest in adverse possession. Of late, he was asked to advise in a highly unusual and complex case involving a concealed successive trespass on substrata land. James had to advise under both the 1925 and 2003 regimes and was praised by those that instructed him for depth of his work within a short time frame.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

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