James Candlin

Barrister Profile

James has had a general civil practice specialising in personal injury and professional negligence (including clinical, dental and pharmaceutical claims) for over 12 years. 

Acting for both Claimants and Defendants, he has extensive experience of fatal catastrophic, chronic pain type and occupational illnesses and product liability claims. In clinical cases he has particular experience in tumour misdiagnosis and cosmetic surgery. 

James is regularly instructed in highways, schools and residential care home liabilities of local or public authorities as well as their employers' liability claims. 

James has prosecuted and defended in a wide variety of Health & Safety related prosecutions. He also has an interest in and significant experience of holiday claims and other cases with jurisdictional issues, foreign law and requirement of liaison with foreign lawyers. 

He takes an interest in scientific and novel infectious disease cases having successfully fought several and has been involved in cases concerning events in UAE, Uganda, Zambia, Grenada, Dominican Republic, Italy, Turkey, France, Spain, Belgium and Finland. He was called to the bar of Bermuda 1994-1997 for 3 actions. 

Details of James' practice areas;

Package Tour Regulations etc 1992 & Overseas injury – notably food poisoning and post infective irritable bowel syndrome, falls, boating, light aircraft and road traffic accidents with foreign jurisdictional issues

Public Authority Liability - Highways Act Claims - appearing extensively for highway authorities in relation to section 58 defences but also for Claimants. 
Local Authority Liability particularly in relation to nursing homes, care institutions and schools.
Also some Local Authority enforcement in relation to planning infringements (advertising hoardings) and highway encroachment 

Road Traffic - including catastrophic and fatal accidents and those concerning MIB agreements
Employers’ Liability - industrial and construction accidents and disease work including major injury/fatality, occupational deafness, VWF, WRULD, asbestos exposure, occupational sensitisation including asthma, dermatitis and allergic sensitization to latex, ammonia and scabies mites

Clinical Negligence - wide experience including delivery/birth injury, failure successfully to effect therapeutic abortion, non-detection of compartment compression syndrome and tumours, dental treatment, infection, ,prescribing errors and iatrogenic illness. Various lack of informed consent cases in particular cosmetic surgery, dental cosmetics and laser eye surgery.

Insurance - contractual disputes concerning policy terms notably in connection with critical illness and permanent health insurance policies but also property claims. Fire/Flood and Buildings Insurance claims.

James gives periodical lectures, talks and webinars for various specialist groups such as PIBA, MASS, Accident Link and individual solicitors firms. He has been an executive committee member of PIBA since 2000. 

Outside of his legal practice James has an interest in sport; boxing and motorsport in particular. James was British Universities' Featherweight Boxing Champion in 1987 and Scottish Universities Champion 1987, took a University 1/2 blue, and won the Coup de l’automobile Club de Monaco in the Monte Carlo Historique Rally 1999. He is an accomplished sculler, skier, swimmer and keen all round sportsman.
He lives in Islington, London and is married with 3 children.

Qualifications

University of Aberdeen BSc (Hons) Pharmacology
Westminster University (Dip Law)

Professional Membership

Personal Injury Bar Association

Interesting Cases

HSE v Schenker (2009) crown court prosecution arising from a catastrophic facial/head injury to freight transport operative crushed by a lorry whilst supervising its movement.
Eldridge & 55 others v My Travel Group Plc (2009) group action concerning mass gastrointestinal infection allegedly sustained through the use of a Majorcan hotel swimming pool with deficient filtration and management systems. 
HSE v John Stacey & Sons (2009) crown court prosecution arising from fatal accident concerning pedestrians working near a bulldozer.
Felix v DSS - binding effect of employee signing ACAS 'cot 3' standard form settlement of employment dispute upon subsequent personal injury action against employer,
Labourne v Thomas Cook (2008) defence of tour operator against action an arising from a fall by a child from a high wall within the presinct of a Majorcan hotel.
Herring v South Tyneside NHS Trust (2008) action concerning midwife injured during crash C-section on obese patient.
Ross v Hochtieff Murphy (2008) fatal accident claim concerning a scaffolder falling from a height in the channel tunnel; complexities of high earnings but uncertain career longevity and overseas residence between jobs.
Coales & others v Thomas Cook (2007) c 30 claimant group action concerning food poisoning sustained on all inclusive package tour. 
Brock v Natta Building Co Ltd (2006) occupational asthma derived from ammonia exposure.
Howes et al v Thomas Cook Tour Operations Ltd (2005) - group action involving 30 all inclusive holiday Claimants suffering post infective irritable bowel syndrome
Re Prestage (2005) – Inquest involving 35 witnesses concerning a death resulting from vehicle movement systems failure at a container freight hub
Powell v SW Trains Ltd & Railtrack (2004) Paddington rail disaster case involving Fatal Accident Act proceedings against Defendants and simultaneous Inheritance(Provision for Family and Dependents) Act and apportionment claims between deceased’s cohabitee and his former wife and children
Blackburn v Stoddart (2004) fatal accident resulting from driver swerving around pheasant. Complexities of death of deceased between decrees nisi and absolute, considerations of section 4 benefits and quantification of widow’s potential divorce settlement as her dependency 
Fanning v Kent Ambulance NHS Trust (2003) action involving resiling from admissions of liability in a manual handling case.
Marlborough v MOD (2001) QB Occupational asthma in naval airman exposed to Toluene solvent
Larby v Canterbury Tales (2001) Package Tour Regulations 1992, reindeer sleigh accident in Lapland
Dzivenue v Ansari (2000) QB Fatal Accident case concerning non-diagnosis by GP over 5 years of a slow growing glomus jugulare tumour manifest by unilateral hearing loss followed by successive loss of function of cranial nerves
Marsden & Wyness v Eubank (1999) Fireworks accident on Brighton beach - serious facial cosmetic injuries