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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

Having served for 10 years in the Royal Marines Commandos, retiring as a Major, Jim joined the Bar and Chambers with a wealth of practical experience which he brings to bear in his practice.

He practises in all areas of Personal Injury work, but specialises in the areas of industrial disease, clinical negligence, admiralty court claims and claims involving military personnel.  Jim is client-focused, and seeks to engage with his instructing solicitors to ensure the best possible outcome for the mutual client.  He acts routinely on the multi-track but also on fast-track cases.

Outside of Chambers, Jim is kept busy by a young family and triathlon training. He has recently completed 'IronMan UK' for the third time.

Former Major in the Royal Marine Commandos, who specialises in Industrial Disease, Clinical Negligence, injuries sustained in the maritime environment and claims involving military personnel.

Areas of Expertise
Clinical Negligence
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Jim has a busy clinical negligence practice where he acts and advises on cases including:

  • Failure to diagnose
  • Failure to examine
  • Failure to give competent advice
  • Failure in treatment
  • Consent
  • Inquests
  • Advising on Quantum

Jim ensures that he understands both the medical issues of a case, as well as the practical effects on the client.

T v T - Failure to diagnose Bowel Cancer

C v L - Failure to identify a foreign body following a Claimant's accident

M v N - Death of a patient during an operation.  Representing at the Inquest as well as preparing a Schedule and Advice on Quantum for approval.

P v S - Failure to examine and treat a Claimant with a fractured scaphoid

Inquests
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Jim has completed a number of Inquests including representing: 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: 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

Military Claims
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Jim has experience of claims involving military personel, including claims against the Ministry of Defence itself.

Even in claims which result from the civilian arena, Jim can usefully deploy his knowledge of the military environment to assess likely impact on a serviceman or or woman.  If the injury is career-ending (which can often be the case, even when the injury itself is not espeically severe) a deep understanding of what an individual's career path might have been and the military promotion system, hierachy and pension schemes is invaluable in accurately assessing quantum.

Personal Injury & Fatal Accidents
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Industrial Disease

Jim specialises in industrial disease claims, having an especially busy noise-induced hearing loss practice.  Acting for both claimants and defendants providing written advice, drafting pleadings, as well as drafting Part 18 and Part 35 questions.  He also regularly appears at trial for claimants and defendants, on all the issues of such claims, including cross-examination of experts, as well as preliminary hearings on limitation.  Jim has a very detailed knowledge of the technical aspects of cases (in relation to the niceties of both engineering evidence and medical evidence), and considerable experience of cases from a wide-range of industries and employment settings; this enables early advice to be given regarding the prospects of success without unnecessary costs being incurred.

 
Admiralty

Jim has a growing practice 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.

 

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.

 

Employers' Liability

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

 

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 writing the Particulars of Claim in a deliberate running over case

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

Notable Cases
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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.

MM v NHS trust: £330,000+ settlement for family of patient who died as a result of negligent surgery.

DB v LC:  £230,000+ settlement at JSM for Royal Navy officer injured in a RTA.

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

Personal Details
Education

Bar Vocational Course, Northumbria University (Outstanding)

Graduate Diploma in Law, College of Law (Distinction)

Chancery House Chambers Award for Best Overall BVC Student, Northumbria University

Baron Dr Ver Heyden de Lancey Prize, Middle Temple

Certificate of Honour, Middle Temple

Professional Associations

Personal Injuries Bar Association (PIBA)

Action Against Medical Accidents (AvMA) 

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Awards &
Accreditations

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