James Murphy

Called 1993

James is a very meticulous barrister who quickly gets to the heart of the matter. He’s approachable and puts his clients at ease.

Chambers and Partners (2024) - Personal Injury (Band 1)

About

James was elected Head of Parklane Plowden Chambers in 2020.

Prior to that he was Deputy Head of Chambers and Head of the PLP Personal Injury and Clinical Negligence Team.

James was appointed a part-time Judge in 2008 (Recorder-civil).

James has practiced exclusively in damages and disease litigation for over 25 years and is identified by his peers and the major legal publications as a leading practitioner noted for his client care, negotiation and advocacy skills.

He has substantial experience acting on behalf of Claimants and Defendants in claims of maximum severity, having a particular interest in brain, spinal and psychiatric injuries.

Areas of Expertise

Accolades

James is routinely engaged in cases of maximum severity and fatal accidents due to trauma and disease.

He provides advice in cases with issues of capacity, complex care & aid packages, rehabilitation planning and with financial complications. Much of his time is spent providing case progression advice about the selection of experts, settlement strategies and helping aid the swift resolution of a case.

James is recommended by clients for his strong advocacy and analytical skills both at trial and at appellate court level.

He is an effective communicator, very experienced negotiator and many of his claims compromise at mediation or settlement meetings.

 

Psychiatric injury, abuse, harassment & occupational stress

Psychiatric injury and illness is encountered as a direct or secondary consequence of many claims. James is sensitive to the difficulties experienced by many and is especially aware in the interplay between head injury, psychological illness and pain conditions.

James has been involved in many sexual and physical abuse claims involving religious orders, children’s groups, local authorities and claims arising from positions of trust. He appeared it what was thought to be the first claim for damages for rape within marriage attracting national media attention.

 

Employers liability

James was in the vanguard of the development of the ‘6’ pack health & safety regulations appearing in Home Office v Lowles [2004] EWCA (Civ) 985, Jakto Transport Ltd v Derek Hall [2005] EWCA civ 243 and Taylor v. Wincanton Group Limited [2009] EWCA Civ 348.

There are few workplace accident scenarios he has not contested at trial.

He has particular expertise in mining, construction, falls from height and engineering claims and enjoys cases involving specialist liability expert evidence.

Multiparty litigation, issues of contribution and contractual indemnity are the staples of this work.

James appears at inquests for deaths arising from industrial disease, road traffic, work and medical accidents.

James routinely advises in fatal accident claims; whether arising from road or work place accidents or as a result of occupataional disease.

He has considerable experience formualting claims for loss and advising on issues of dependency. He commonly has to provide swift practical advice when there is a short life expectancy.

Occupational disease

James has a strong following in occupation disease litigation. Especially but not limited to asbestos related injury, occupational cancers, WRULD, HAVS & NIHL. Complex causation, actionability of injury and epidemiology are areas of particular interest.

In the past 12 months James has been involved in contested trials including; a sample group HAVS action with 23 Claimants, with Prof. Lutman analysing the 2000 & 2015 Coles guidelines and in a silicosis case with disputed radiological evidence.

Limitation is a staple of James’s occupational disease trial work. James has great experience of this since appeared in Cressy (Brian) v (1) E Timms & Sons Ltd (2) E Timms & Sons Holdings Ltd [2005] EWCA.

Chambers and Partners (2024) - Personal Injury (Band 1) - "James is a very meticulous barrister who quickly gets to the heart of the matter. He’s approachable and puts his clients at ease."

Chambers and Partners (2024) - Personal Injury Industrial Disease - All Circuits (Band 2) - "James is sharp, quick on his feet and always down to earth. He is a technically gifted lawyer."

The Legal 500 (2024) - Personal Injury (Tier 1) - "... an excellent barrister, with a calm demeanour that puts his clients at ease. He is always well-prepared and meticulous, with an excellent grasp of the fine detail. His advice is always practical and to the point."

Chambers and Partners (2023) - Personal Injury (Band 1) - "James Muphy is a well-respected junior and head of chambers at Parklane Plowden. He handles both industrial disease and catastrophic injury claims, and also has a specialist focus on employers' liability. He represents claimants and defendants, both at first instance and on appeal."

Chambers and Partners (2023) - Personal Injury, Industrial Disease - All Circuits (Band 2) - "James Murphy is an industrial disease specialist with vast experience of handling occupational cancer and asbestos-related injury claims. He is also regularly instructed in HAVS and NIHL claims. Cases involving complex issues surrounding causation are one of his key areas of strength."

The Legal 500 (2023) - Personal Injury (Tier 1) - "James has a very fine attention to detail and command of the facts that is second to none. He is a skilled performer in court and clients very quickly warm to him. He is commercial and never loses sight of the bigger picture."

The Legal 500 (2022) - Personal Injury (Tier 1) - "An excellent advocate at the top of his game. He has first class attention to detail and superb tactical nous."

Chambers and Partners (2022) - Personal Injury (Band 1) - "He's fantastic - he grasps the issues quickly but presents them effectively and clearly, is technically very strong and has a good eye for detail, and his client care is fantastic as well."

Chambers and Partners (2022) - Industrial Disease (Band 2 - All circuits) "He is very down to earth and has a good manner with clients."

Chambers and Partners (2021) - Personal Injury (Band 1) - "He has excellent client care skills and is very pragmatic in his approach to cases."  

Legal 500 (2021) - (Tier 1) - 'Has a superb disarming manner and the ability to get straight to the nub of the issues in a case, which immediately puts clients at ease. He is a supreme advocate and negotiator. Briefs are dealt with in a timely manner his advice is invariably first class.  

Chambers and Partners (2020) - (Band 1) - "A well-respected junior and head of the personal injury team at Parklane Plowden. He handles both industrial disease and catastrophic injury claims, and also has a specialist focus on employers' liability. He is particularly well regarded for his expertise in asbestos-related matters. He represents claimants and defendants, both at first instance and on appeal. He is praised for his creative drafting and down-to-earth manner.Strengths: "An excellent trial barrister who is able to present cases clearly and positively to maximise the prospects of a successful outcome." "Calm, thorough and very good in conference."  

Legal 500 (2020) - (Tier 1) - "A superb advocate."

Chambers and Partners (2019) - (Band 1) -"Extremely personable, very easy to work with and down-to-earth. He is highly experienced and very impressive." "Very intelligent - he never misses a point and is incredibly thorough."  

Legal 500 (2018/2019) -"He inspires confidence in clients and immediately puts them at ease."  

Chambers and Partners (2018) - (Band 1) -"A well-respected junior and head of the personal injury team at Parklane Plowden. He handles both industrial disease and catastrophic injury claims, and also has a specialist focus on employer's liability. He represents claimants and defendants, both at first instance and on appeal. He is praised for his creative drafting and down-to-earth manner. " Recent work: Represented one of the defendants in a claim for £4 million relating to a rope access accident in which the claimant was rendered partially tetraplegic.  

Legal 500 (2017) -"He has an impressive skill for revealing pertinent facts by shrewd questioning."  

Chambers and Partners (2017) -"A well-respected junior and head of the personal injury team at Parklane Plowden. He is equally capable of handling both industrial disease and catastrophic injury claims, and also has a specialist focus on employer's liability. He represents claimants and defendants, both at first instance and on appeal."  

Legal 500 (2016) -"He is always in control of a case and has excellent decision- making abilities"  

Chambers and Partners (2016) -"Instructed by national law firms and insurers on personal injury and industrial disease claims. Cases related to mining are a specialism of his. Instructing solicitors value his manner with clients, outstanding advocacy and availability." Strengths: "He is extremely thorough with a great eye for detail. He takes a pragmatic approach and has good negotiating skills." "He is an affable and ferocious opponent. I was impressed with his cross-examination of experts."  

The Legal 500 (2015) -"He is experienced in a wide range of catastrophic injury cases and asbestos-related matters."

Chambers and Partners (2015) -"Advises predominantly on personal injury and disease work on behalf of trade unions and insurers nationwide. He is an expert on asbestos injuries, with particular knowledge of mesothelioma."

The Legal 500 (2014) -"His advice and advocacy is of a high quality"

Chambers and Partners (2014) -"Acts primarily in cases relating to industrial disease and asbestos exposure and is known for the breadth of his specialist expertise in the field. He also has significant experience with complex catastrophic injury claims."

Legal 500 (2013) -"James is recommended and has a strong following among insurers."

Chambers and Partners (2013) -"James Murphy has focused his personal injury practice on disease and multiple injury claims. He is extremely customer-focused, according to those instructing him, who include a number of trade unions and insurers. He acted in the case of Littledyke, a claim regarding a worker whose legs were crushed by an unbanked excavator."

Legal 500 (2012) -"James Murphy's ability to think on his feet is second to none"

Chambers and Partners (2012) -"The outstanding James Murphy wins the respect of insurance companies and trade unions for his serious injury, amputation and liability work."

Legal 500 (2011) -"Excellent on his feet".

Chambers and Partners (2011) -"He is noted for his skilful approach to high-value employers' liability claims, rated as a particularly intelligent trial advocate who is excellent at explaining the position to clients in a language they can understand."

Chambers & Partners 2010 -"He is the "epitome of the modern silk." "Up on current trends, a real team player and always willing to muck in, he is as far away from the old-style, distant barrister as you can get."  

Personal Injury Bar Association (PIBA) Association for Victims of Medical Accidents (AVMA)

 

Examples of Current Caseload

Examples of current case load 2023/24:

  • N v. New Age Ltd- traumatic dominant upper arm amputation. Claimant using a myoelectric prothesis successfully.
  • B v. British Cycling Federation- severe brain injury arising from a collision during a race.
  • B v. R- partial tetraplegia from motorcycle accident.
  • Various v. Drax Power Station – a number of severe debilitating occupational asthma claims.
  • AS v Tornado Ins. Ltd. Fatal dependency claim involving issues of jurisdiction for a protected party utilising a Disabled Persons Trust to protect state provision of services.
  • D (a Protected Party) v. CPL Ltd. Novel psychiatric injury claim with issues of recoverability for chronic and debilitating PTSD arising from a fire in a mine to a non-participant.

 

Reported Cases

Home Office v Lowles [2004] EWCA (Civ) 985 Leading authority on regulation 12 (3) Workplace Health Safety and Welfare - Regulations 1992 Cressy (Brian) v (1) E Timms & Sons Ltd (2) E Timms & Sons Holdings Ltd [2005] EWCA Civ 763 Definition of 'identity of the Defendant' pursuant to s.14(1) c of the Limitation Act 1980 Jakto Transport Ltd v Derek Hall [2005] EWCA civ 243 The correct approach to the credibility of a witness. In particular when there is expert engineering evidence. Taylor v. Wincanton Group Limited [2009] EWCA Civ 348 Consideration of 'suitability' pursuant to reg. 12(1) of the Workplace Regulations.

BA (Hons) Political Theory and Institutions, Liverpool University CPE, University of Huddersfield

Head of Chambers

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