We have adopted a specialist team approach to our practices for many years. We feel that this is the way our clients want us to work, and that specialisation leads to the provision of a better service.
“James’ advocacy is well-prepared, sympathetic to the court and persuasive. He is willing to go the extra mile and consistently maintain high standards. He is an excellent all-rounder.”
Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email
Chloe Amson
Assistant Practice Manager - Personal Injury, Clinical Negligence and Court of Protection (Health & Welfare)
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
James Bentley specialises in Personal Injury, Clinical Negligence and Costs Litigation.
He appears for Claimants and Defendants in broadly equal measure, with the entirety of his caseload being in the multi-track. He also has a well-established and varied clinical negligence practice, receiving instructions on behalf of both Claimants and Defendants.
Personal injury work forms the majority of James’s practice.
He represents both Claimants and Defendants across the full range of liability and quantum issues, and his expertise is consistently recognised by both legal directories.
In addition to ‘standard’ RTA, EL and PL claims, James has extensive experience in more complex claims, nearly all of which are valued in excess of £100,000, and which occasionally run into seven figures. These include:
As a result of having a well-established costs practice, James also has particular experience where difficult costs issues arise during the case, and clients have often appreciated his ability to give well-informed and commercial advice as a result.
AP v A and J Pascoe Partnership
Severe lower limb orthopaedic injuries to a young fisherman whilst working at sea. Issues surrounding projection of loss of earnings, prospect of owning a vessel in the future, and limited capacity for residual earnings in the fishing industry. Also issues dealing with limit on damages and the Merchant Shipping Act 1995. Settled for over £1m. Acted for the Claimant.
WGPC v Evelyn Cass and CMA
Catastrophic injury brain injury claim. Pleaded at over £5 million. Settled post JSM. Lead by Charles Bagot KC. Acted for the Defendant.
BP v Finn Walsh
Claimant suffers from severe Functional Neurological Disorder/Functional Cognitive Disorder and was 23 years old at time of the accident. Multitude of issues, including alleged dishonesty. Pleaded over £1.8 million. Acting for the Claimant.
JOC v Badley Hayden and Esure
Fatal Accidents Act claim. Young (c. 2 years old) dependent of deceased who died in a road traffic accident. Issues surrounding contributory negligence and loss of services. Pleaded at over £1.9 million. Acted for the Claimant.
CL v Colas Ltd
EL claim. All issues were in dispute. Alleged neck injury leading to spinal pathology and then Functional Neurological Disorder. Functional seizures and permanent mobility issues complained of. Pleaded at over £700,000. Acted for Defendant. Settled at JSM.
GBM v LM Bateman and Joseph Ash Ltd
Fatal Accidents Act claim pleaded over £500k. Complex and sensitive issues around liability involving engineering evidence, Part 20 issues, and the length of the alleged dependency due to marital issues. Acted for the Second Defendant.
CH v Lionweld Kennedy Flooring Ltd
EL claim involving a crushing injury to a young employee. The case involved a complex loss of earnings claim and a dispute about the level of disability. Pleaded at £620,000. Acted for the Defendant.
ML v Harriet Gray
Complex case relating to discrete hand injury and/or SSD, leading to a complex loss of earnings claim for a self-employed businesswoman. Settled for £350,000. Acted for the Claimant.
James has a successful clinical negligence practice and is instructed by both Claimants and Defendants.
Examples of recent work include cases involving:
James’s cases usually involve severe and life-altering injuries and often have at least 3 or more experts instructed for each side. He has also been instructed as a junior and second junior in cases involving injuries at birth.
His work includes appearing at inquests where there are some prospects of success.
Negligent spinal surgery resulting in multiple further operations and a prolonged stay in hospital with consequent deconditioning. Liability disputed. The Claimant was left with permanent symptoms, requiring ongoing care, treatment, and assistance with accommodation. After a failed JSM the claim settled for £400,000.
Vascular injury post-birth, leading to upper limb amputation. Claimant born prematurely. Due to (negligent treatment developed a vascular issue resulting in amputation of the upper limb. However, he was born with profound (non-negligent) learning disabilities, raising questions of the level of loss. Liability denied. Settlement approved at £250,000.
Dental negligence resulting in fibromyalgia. and a claim that was pleaded in excess of £450,000. The Claimant contented that but for the injuries she would have gone on to work full time as a nurse, resulting in a large (and complex) loss of earnings and pension claim. Evidence adduced from dental experts, rheumatologists and psychiatrists. Acted for the Claimant.
Pressure sore resulting in the need for lifelong nursing care for an elderly Claimant. Evidence from nursing experts, geriatricians and care experts. Settled for £280,000. Acted for the Claimant.
Nursing negligence, resulting in a brain injury to an elderly Claimant and leading to residential care. Settled for over £160,000. Acted for the Claimant.
A Hospital patient suffering a pressure sore resulting in lifelong nursing care, resulting in a claim pleaded in excess of £400,000.
Pressure sore case involving a Claimant who had pre-existing disabilities. Pleaded in excess of £360,000. Acted for the Claimant.
Radiological negligence leading to below knee amputation in elderly patient. Complex pre-existing symptomology caused by (non-negligent) spinal degeneration. Ongoing and acting for the Claimant.
James has formed a well-established Costs Litigation practice, which covers everything from discrete applications to detailed assessments, including in the SCCO.
The value of those assessments varies, but more often than not the bills are up into six figures and arise out of complex personal injury and clinical negligence matters
Recent assessments on behalf of both paying and receiving parties include:
James also appears and advises in cases involving fixed costs,protocols or QOCS and sometimes all three, as well as applications involving wasted costs/third party costs. An example of this is where he recently appeared for the Claimant in Bateman v Devon County Council (HHJ Mitchell, Plymouth County Court), an appeal that held that fixed costs did not apply to highway claims, where the injured party was a cyclist.
Stephen Arnold
Practice Director - Civil
0117 930 9000
Click here to email
Chloe Amson
Assistant Practice Manager - Personal Injury, Clinical Negligence and Court of Protection (Health & Welfare)
0117 930 9000
Click here to email
Rob McDonald
Practice Manager - Employment & Discrimination, Costs & Litigation Funding
0117 930 9000
Click here to email
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