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Jim
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Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Jim Hester

Called 2010

Jim specialises in Personal Injury work with the majority of his practice being dedicated to Industrial Disease whilst also maintaining a very busy Employer's Liability practice.

Jim acts, though, in all fields of Personal Injury work including niche areas such as: accidents involving military personnel (whether caused as a result of their service or in other settings) drawing upon his 10-years experience as a Major in the Royal Marines Commandos prior to joining the Bar; and in relation to accidents which take place at sea.  

Jim's previous military service and practical experience are invaluable when assessing the merits of any case he is instructed in.

He has been appointed to the Attorney General’s ‘B Panel’ of Counsel and is regularly instructed to advise and appear on behalf of public bodies particularly in relation to Industrial Disease matters. 

Jim is the co-ordinator of Chambers' Industrial Disease Group, and so should be contacted regarding any opportunities for training or assistance that instructing solicitors may wish to discuss.

Jim has been working 'paperless' for many years in relation to papers/ paperwork, and since towards the beginning of this year also in relation to all court-work.  Accordingly, he welcomes receiving papers via electronic means.

Outside of Chambers, Jim is kept busy by a young family and triathlon training, having completed three 'Ironman' triathlons.

Industrial Disease and Employers' Liability specialist. Conducts all types of Personal Injury work, including niche areas of military claims and accidents at sea.

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Areas Of Expertise

Areas of Expertise
Personal Injury
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Industrial Disease

Jim has practised in Industrial Disease matters from an early stage in his career at the Bar, and now has considerable expertise under his belt.

He has been appointed to the Attorney-General's panel of Counsel on the back of his experience of Industrial Disease matters.

Jim is the co-ordinator for the Chambers' Industrial Disease Group, and so can be a point of contract for any instructing solicitor seeking training, advice or other assistance in relation to Industrial Disease matters.

Jim represents both claimants and defendants drafting pleadings, including Part 18 questions and Part 35 questions on the technical features of this area; advising in conference; representing parties at interlocutory hearings, and at trial.  This includes frequent cross-examination of experts in many of the hotly-disputed areas, where a deep knowledge of the subject matter is required.

He frequently acts in cases involving vibration-related injury, noise-induced hearing loss and asbestos-related injury, including mesothelioma.

Owing to an in-depth knowledge of the field, Jim is able to turnaround paperwork at very short notice if required.

Jim conducts training in Industrial Disease related matters to solicitors and to local authorities, and openly invites instructing solicitors to request training on any industrial disease matter.

 

Fatal Accidents

Jim has drafted Schedules of Loss and Advices on Quantum and Apportionment in a number of Fatal Accident claims where settlement has been achieved in excess of £250,000, including cases with complex family arrangements.

 

Public, Product and Occupiers' Liability

Jim advises and acts for both claimants and defendants in cases involving: Highway Tripping cases, Occupiers Liability and Product Liability.

M v N - Successful trial of a slipping case in a local authority leisure centre

S v P - Advice on liability in a case where the Defendant initially argued that there was no liability due to a path across its land being a right of way.  Liability subsequently admitted.

O v C - Advice on liability in a highway case involving a disabled Claimant falling as a result of his crutch being placed in a defect in the highway.  Liability subsequently admitted and the case settling for £135,000.

Various v STC - repeated instructions from local authority in relation to highway claims, and other personal injury matters which local councils are faced with.

 

Employers' Liability

Jim acts and advises in cases involving employers' liability including in cases with complex employment arrangements, agency cases and multi-defendant/ indemnity/ Part 20 claim cases.

B v H - Successful defence in multi-track claim - judge dismissing the claim as the accident had not occurred in the way that the Claimant had argued.

F v B - Successful defence in claim where c's claim was dismissed and costs were recovered from a co-defendant under an contractual indemnity.

T v DS - Successful claim for claimant who was injured through a lack of training in completing his role.

 

Military Claims


 As a retired Major in the Royal Marines, Jim has deep insight into claims involving military personnel.  

For claims involving the Ministry of Defence, this not only gives an understanding of organisational structures, responsibilities, and duties, it also brings an understanding of what actions might be reasonable in a military context and those which would not.  He can cut through the seemingly impenetrable military language and jargon.

Even when liability is not disputed, or when claims involve military personnel but have occurred in a non-military context (for example road traffic accidents) then this understanding of the military reporting system and the promotion regime gives insight into a likely career path/ promotion for loss of earnings and pension claims.

In the Royal Marines, Jim was, amongst other things, an Adjutant of a Commando Unit - whose responsibilities were for all personnel issues (G1/ J1 in military speak) - including promotions and reporting.

 

Road Traffic Accidents

Jim acts in road traffic accident cases including:

  • Liability Advice and Trials
  • Quantum Advice and Trials

  • Cases involving Road Traffic Act Insurers or the Motor Insurers Bureau

  • Cases involving deliberate running over

  • Credit hire and insurance fraud

     

    S v H - Advising on Quantum and Procedure, and drafting the Particulars of Claim in a deliberate running over case

    C v M - Multi-track 2-day RTA fraud trial

    JW v BJ - Advising on liability for Claimant who sustained a moderate brain injury and other physical injuries in a motorbike accident
Admiralty/ Accidents at Sea

Jim practises in relation to personal injury accidents which take place at sea and the applicable merchant shipping regulations.  Experience from his previous career also brings first-hand experience of being in the maritime environment and the peculiarities of the same.

Military Claims
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As a retired Major in the Royal Marines, Jim has a real insight into claims involving military personnel.  

For claims involving the Ministry of Defence, this not only gives an understanding of organisational structures, responsibilities and duties, it also brings an understanding of what actions might be reasonable in a military context and those which would not.  He can cut through the seemingly impenetrable military language, systems and jargon.

Even when liability is not disputed, or when claims involve military personnel but have occurred in a non-military context (for example road traffic accidents) then this understanding of the military reporting system and the promotion regime gives insight into a likely career path/ promotion for the often complex but high-value loss of earnings and pension claims.

In the Royal Marines, Jim was, amongst other things, an Adjutant of 42 Commando whilst both in the UK and on operations - so had responsibility for personnel issues (G1/ J1 in military speak) - including promotions, management of casualties and annual reporting.

Inquests & Fatal Accidents
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Jim drafts pleadings, advises on quantum (including for the court as necessary) and drafts Schedules for Fatal Accident Act claims.
 
Jim also conducts Inquests and has represented: families of victims of potential clinical negligence; third parties in road traffic accidents; other interested parties.

Re: JP  Representing an NHS trust following the death of an in-patient.

Re: JJ Representing the family of an elderly patient who died during surgery.  It was discovered during the Inquest (which lead to an adjournment for 12 months) that the there was no records of the name of the individual who had taken over the surgery, nor his qualifications, and he did not have a certificate to practice medicine in the United Kingdom.

Re: M   Representing the family of a young man who died during a surgical procedure.

Re: SC Representing a care home where one of the residents had a fatal accident.

Re: P   Representing a family of a gentleman who died following surgery.

Re: D   Representing a driver who was involved in a fatal road traffic accident.

Industrial Disease
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Jim has practised in Industrial Disease matters from an early stage in his career at the Bar, and now has considerable expertise under his belt.

He has been appointed to the Attorney-General's panel of Counsel on the back of this experience of Industrial Disease cases.

Jim is the co-ordinator for the Chambers' Industrial Disease Group, and so can be a point of contract for any instructing solicitor seeking training, advice or other assistance in relation to Industrial Disease matters.

Jim represents both claimants and defendants by: drafting pleadings, including Part 18 questions and Part 35 questions on the technical features of this area; advising in conference; representing parties at interlocutory hearings, and at trial.  This frequently includes cross-examination of experts in the various hotly-disputed areas, where a deep knowledge of the subject matter is vital.

He frequently acts in cases involving vibration-related injury, noise-induced hearing loss and asbestos-related injury, including mesothelioma.

Owing to an in-depth knowledge of the field, Jim is able to turnaround paperwork at very short notice if required.

Jim conducts training in Industrial Disease related matters to solicitors and to local authorities, and openly invites instructing solicitors to request training on any industrial disease matter.

 

 

 

Recommendations
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"Jim Hester continues to get very good feedback – both from [clients] yesterday and [clients] today (as well as before Christmas).  And getting results..." - Partner in national firm

 

"Cracking result from Jim Hester yesterday. [The solicitor] was very impressed and a few of our guys are already sold on his services. He’s very user friendly and a charismatic chap..." - Partner in national firm

Notable Cases
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MA v HIS:  Successful defendant in a NIHL claim where the Claimant discontinued following cross-examination found numerous defects in his evidence/ case.

GA v MoD: £280,000+ settlement at JSM for a trainee soldier injured in an accident which took place during training.

French v SoS:  NIHL trial.  Successful claimant following oral expert evidence in relation to interpretation of contemporary and historic audiology.

Hays v SoS:  2-day NIHL trial where causation was the only issue.  Successful claimant following oral expert evidence in relation to de minimis and the LCB/ CLB calculations.

FS v TTT:  Multi-Track noise induced hearing loss claim.  Successful claimant following oral expert evidence on issues including de minimis and loss at 4 kHz.

DR v SFM:  Noise-induced hearing loss claim.  Successful claimant following expert oral evidence with notching at 6 kHz, and de minimis argument.  Judge finding NIHL proved and that there was a compensible loss.  Oral evidence for the Defendants from Professor Lutman.

NA v WA:  Successful claimant in Multi-Track noise-induced hearing loss case with issues relating to breach of duty and limitation.

JO v MOD:  £500,000 settlement at JSM for soldier injured in an accident which occurred whilst on exercise, resulting in his having to leave the Army.

MM v NHS trust: £330,000+ settlement for family of patient who died during an operation as a result of negligent surgery, following representing the family at the Inquest.  Drafting Schedule and advising in circumstances where there was a complex family situation.

DB v LC:  £230,000+ settlement at JSM for Royal Navy officer injured in a RTA, resulting in his having to leave the Navy.

H v AS:  Successful defendant in noise induced hearing loss claim and successful Respondent in subsequent Appeal.

RR v PL Ltd:  Drafting counter-schedule and advising defendant in mesothelioma case where C had moved to live in Australia and issues arose as to recoverability of pension and fees for healthcare owing in Australia.

Appointments
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Attorney General's Junior Counsel to the Crown (B Panel) 2020-2025. 

Personal Details
Education

Chancery House Chambers Award for Best Overall Bar Vocational Course Student, Northumbria University

Baron Dr Ver Heyden de Lancey Prize, Middle Temple

Certificate of Honour, Middle Temple

Bar Vocational Course, Northumbria University (Outstanding)

Graduate Diploma in Law, College of Law (Distinction)

 

Professional Associations

Attorney General Panel of counsel to the Crown (2020 - 2025)

Personal Injuries Bar Association (PIBA)

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Awards &
Accreditations

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