PRACTICE AREAS
James E. Petts
Year of Call
2002, Middle Temple
Education
- LL. B. (hons. - 1st class) University of Reading (2001)
- Bar Vocational Course (very competent) Inns of Court School of Law (2002)
- B. C. L. Oxon (2004)
Memberships
Employment Law Bar Association, Personal Injury Bar Association, Criminal Bar Association, Bar Pro Bono Unit, Free Representation Unit
Areas of Practice
- General common law/commercial
- Employment
- Chancery
- Personal injury
- Credit hire
General Profile
James has an increasingly established civil practice across a broad range of areas, as outlined above, and is regularly instructed in cases in the High Court, County Court, and Employment Tribunal. He purposely maintains a broad common law, employment and chancery practice, believing that, in an era of increasingly atomised specialisms, there is much to be said for understanding how the bigger picture fits together and having a wide experience, which is especially useful in the multitude of real life cases that refuse to slot themselves neatly into common specialisms. James has been instructed, for example, in employment cases turning on points of company law, partnership disputes involving claims of assault, battery and harassment (in respect of which he argued - successfully - that the damages should be awarded in accordance with a measure commonly used in employment discrimination claims), occupiers' liability claims involving very high value credit hire, and commercial property disputes involving fraud, restitution and consumer credit issues, amongst others.
James has appeared before the High Court in freezing injunctions, has experience of complex discrimination claims in the Employment Tribunal, consumer credit disputes, construction disputes, personal injuries, landlord and tenant (both residential and commercial), proprietary estoppel and other property disputes, probate and Inheritance Act claims and neighbour disputes. James has also built up a particular expertise in credit hire claims, has acted for both claimants and defendants, is regularly chosen for his knowledge and experience in the field, and has appeared in numerous high value credit hire matters and on appeal. He has also given advice on the overall strategy and management of particular aspects of credit hire litigation to a large organisation associated with credit hire, and with drafting parts of template statements of case used in bulk credit hire litigation.
Before he joined chambers in 2008, James acquired extensive experience in criminal practice, prosecuting and defending both in the magistrates' and Crown courts, as well as appearing without a leader in an appeal against conviction in the Criminal Division of the Court of Appeal. Although James now focuses predominantly on civil work, his criminal background gives him particular experience of disputed fact advocacy and cross-examination of allegedly dishonest witnesses. James still keeps in touch with developments in criminal law and practice, and retains a particular interest in criminal cases involving particular questions of civil law, regulatory crime and fraud (both civil and criminal).
James also maintains a commitment to pro bono work, having practised extensively at the Free Representation Unit before (and, to some extent, after) coming to the Bar, and is a member of the Bar Pro Bono Unit. In deserving cases not suitable for pro bono work, James is willing to undertake work at a reduced rate when instructed by or through a registered charity.
Interests
Outside the law, James enjoys photography, cycling, computer programming, and baking cakes, the latter of which interest is especially appreciated by his colleagues in chambers.
Reported Cases
- Beijing Tong Ren Tang v. Wang [2010] All ER (D) 84 (Jan.): Employment Appeal Tribunal; payment in lieu of statutory annual leave (at least, where there is a clause in the contract providing for such leave) may be made if the payment is deferred to after the end of the employment relationship (Federatie Nederlandse Vakbeweging v. Staat der Nederlanden http://www.bailii.org/eu/cases/EUECJ/2006/C12405.html [2006] I. C. R. 192 distinguished); in the particular circumstances of the case, it was not unreasonable for the employee, who had been brought to the UK from China to do the specific job and had been shocked by her sudden dismissal, to take no steps to look for alternative work even though such alternative work may well have been available.
- Richmond Adult Community College v. McDougall [2008] E. W. C. A. Civ. 4: disability discrimination, whether a disabling condition is "likely to recur" is to be judged only by information available at the time of the alleged discrimination, overturning [2007] I. C. R. 1567, [2007] I. R. L. R. 711 (E. A. T.). The E. A. T. also held, not the subject of appeal, that compulsory admission to hospital under the Mental Health Act 1983 can be a substantial adverse effect of a mental impairment in and of itself in the form of a deprivation of liberty resulting from a disabling condition;
- Bass v. Travis Perkins Trading Limited (2005) LTL 6/4/2006, Employment Appeal Tribunal, in cases of constructive dismissal, it is not necessary to establish that the breach in response to which the employee resigns is an "effective cause" of the resignation provided that the employee resigns at least in part in response to it; and mere delay, or willingness to work for the same employer on terms different to the original contract of employment, do not amount to affirmation of the contract on the part of the employee
- Norway Court & Oriel Lodge v. Henderson [2003] All E. R. (D) 06 (Dec.), Employment Appeal Tribunal, Polkey deductions cannot be made in misconduct cases to represent the chance of a dismissal that would have been fair despite there being no actual misconduct on the part of the dismissed employee. (This case is of greater relevance than formerly owing to the reinstatement of the Polkey principle in cases of ordinary unfair dismissal).
Publications
- Prognosis for disability discrimination following McDougall [2008] I. L. J. 268
