James Kinsey

Call 2018

kinsey@exchangechambers.co.uk

Photo of James Kinsey

Personal Injury

James has a busy personal injury practice appearing in final hearings on both the Fast Track and Small Claims Track for both Claimants and Defendants.

He has appeared in procedural applications under s.33 Limitation Act 1980, relief from sanctions, strike out / summary judgment and applications to set aside judgment. Outside of court James quickly turns around instructions to settle particulars of claim, and advices on liability and quantum, including infant quantum advices.

The bread and butter of James’s personal injury practice is road traffic accidents and he regularly represents Claimants and Defendants in Fast Track trials and Small Claims hearings. He has an interest in representing Claimants in Low Velocity Impacts and was recently successful in representing five Claimants accused of fundamental dishonesty.

James regularly appears in Employer’s Liability matters on the Fast Track. Recent successful cases have involved:

  • Persuading a tribunal that a Claimant had not been adequately trained to move wooden pallets in a warehouse leading to a puncture wound to the hand from a protruding nail and consequent ulna nerve damage and scarring.
  • A finding that the Defendant employer was partially responsible for failing to re-train a Claimant employee HGV driver which led to his fall from the top deck of a car transporter.

With a working knowledge of the Highways Act 1980 James has predominately defended for Local Authorities successfully running defences under s.58 of the Act.

James has a burgeoning interest in cases involving accidents and sickness whilst abroad and appears in hearings and advises on such matters.

James has a good knowledge of costs matters and recently won an application for the recovery of multiple counsel’s brief fees turning on the interpretation of CPR Part 45 Section IIIA.