James Osborne (2006)

James is a civil practitioner with experience across a wide range of areas including:

Costs

Personal Injury

Road Traffic Accidents

Credit Hire

Holiday Sickness Claims

CICA Claims

Employer's, Public and Occupier's Liability

General Commercial and Property

James is a skilled advocate known for getting to the core issues quickly and tackling them effectively and has a reputation for possessing good judgement and refined inter-personal skills as well as being both practical and analytical.

James is approachable to discuss initial problems and issues solicitors may face in dealing with claims and may be relied on to provide a fast turnaround of paperwork when required.

Before being called, James was counsel for a global FTSE 100 company undertaking multi million commercial contract negotiations.  He brings a wealth of business experience to his practice, which also includes general commercial and property work.

James lives near Winchester and predominately covers courts in London and the South but his fast track and multi track practice takes him nationwide.

Areas of Practice:

Costs

James has a great deal of experience representing Claimants and Defendants at costs budgeting and costs assessments.

Clinical Negligence

James' clinical negligence work consists predominantly of multi track claims, and in particular cases with significant procedural or technical issues, or complex medical evidence.

Personal Injury / RTA

James advises and represents claimants and defendants in all areas, including allegations of fraud of Personal Injury related claims, mainly arising from road traffic accidents, employers liability and public liability.  James is also a member of the Motorcycle Group tackling serious injuries (he also has a m/c licence).  James also has experience in injuries arising from accidents involving HGVs and buses.  James is regularly instructed for both claimant and defendant and has a thorough understanding of credit hire.

Personal Injury / ELPL

James is regularly instructed in all areas for both claimant and defendant and has a thorough understanding of the latest developments EL/PL and Occupier’s Liability.
James involvement is frequently from the outset: by assessing and advising on prospects, to advising on quantum, to drafting pleadings, drafting questions, to conferences with witnesses, to round table meetings and onto trial.

James was instructed in first instance and on appeal (both successful) regarding a slip and trip/Highways claim against a London borough: Simson v London Borough of Islington, [2013] EWHC 2527 (QB) setting a new precedent requiring inspections to include area under objects on the highway such as parked cars and refuse bins.

Holiday Sickness Claims

James advises and represents claimants and defendants in all areas, including allegations of fraud in Holiday Sickness Claims.

Commercial and Property

James advises and represents claimants and defendants in property law (both commercial and residential) including landlord and tenant, property agreements, easements and restrictive covenants, mortgages, boundary disputes and leasehold enfranchisement.

With his unparalleled experience of a wide range of commercial activities, he has the necessary hands-on experience needed to resolve difficult issues, particularly using his specialist technical knowledge of broadcast and satellite communications, telecommunications and commercial contracts.

Public Access

James is accredited by the Bar Council to accept instructions on a Public Access basis. For full details of James's Public Access practice, please visit his website: www.londonbarristerdirect.com

Education

Bar Vocational Course, BPP Law School
Graduate Diploma in Law, BPP Law School
BSc (Hons) Geography, Manchester University/Granada University, Spain
Scholarships and awards: Socrates Erasmus Scholar, Manchester University

Feedback

"Excellent result James-much appreciated" - Robert Barrett, Partner, Horwich Farrelly

"Just to let you know that DJ Davies sitting at Chesterfiled CC commented on the fact that he was “assisted greatly by the advice of Counsel in this matter, the advice was such that it supported the facts and he had nothing further to consider” Ann Lee, Minster Law"

"Just a quick thank you for all the assistance you have provided to me on my not so straightforward matters, together with everything else!  Hope to be in touch again shortly. Kind Regards Sarah Sargent "

"Thanks for the attendance note and the great result today.  John Cuss, Fee Earner, Minster Law Solicitors"

"That’s excellent – thanks again for your assistance James." Matt Fogarty Judge & Priestley

"I’ve just got back from leave today and read your attendance note on the above. What a close call well done . I was really worried about this case and I’m so glad its over.  Thanks for all  your help."   Abi Talabi (Solicitor) Lucas Law Limited T/A Lucas & Co Solicitors

"Many thanks again for today and a great result." Nichola Best

"Thanks James.   Great result.  The clients were delighted.  Thank you for your assistance in this matter."  Heather Forbes, Horwich Farrelly Solicitors

"That’s a great result.Thank you for your help." Joni Southall, Minster Law

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=336

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, James Osborne (2006), have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: james.osborne@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/