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James Tunley#4606

James Tunley

Lamb Chambers

James is a barrister (called to the Bar in 2005) specialising in employment, commercial and contractual disputes, professional negligence, personal injury and professional regulatory and disciplinary work. He has particular expertise and a wealth of experience in employment law, appearing for both claimants and respondents in the Employment Tribunal and the Employment Appeal Tribunal at all stages of proceedings and in all areas of employment law including unfair dismissal, discrimination, victimisation, trade unions, TUPE, breach of contract, and wages claims including the operation and enforcement of the National Minimum Wage Act 1998. He also has experience in contractual disputes, mostly in the employment context, and professional negligence in the context of the provision of legal advice and services. James has delivered seminars and training on a range of topics including enforcement of judgments, negligent misstatement and the National Minimum Wage Act 1998. He is a tenant at Lamb Chambers.

Contributed to

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A claimant issues a claim for a specified sum of money in excess of £55,000. The Money Claim Online
A claimant issues a claim for a specified sum of money in excess of £55,000. The Money Claim Online
Q&A

This Q&A examines the basis on which costs are recoverable in respect of a claim issued via Money Claim Online.

A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to
Q&A

This Q&A considers the potential problems of attending court during the current coronavirus (COVID-19) pandemic.

A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from
A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from
Q&A

This Q&A considers the availability of attachment of earnings orders where the debtor’s employer is outside of the jurisdiction.

Can a claimant withdraw a notice of discontinuance once served or must new proceedings be commenced?
Can a claimant withdraw a notice of discontinuance once served or must new proceedings be commenced?
Q&A

This Q&A considers whether it is open to the Claimant to withdraw or set aside their notice of discontinuance.

Can an offeree still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of
Can an offeree still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of
Q&A

This Q&A considers whether a Part 36 offeree can still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of the seven days and whether there are any consequences for a late request, such as prohibiting the offeree from applying for a court order under CPR 36.8(2).

Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?
Can you direct me to the guidance and case law on contributory negligence in a clinical negligence claim?
Q&A

This Q&A considers the law on contributory negligence in clinical negligence claims.

Can you recover pre-action costs following a Part 36 offer having been accepted prior to any proceedings
Can you recover pre-action costs following a Part 36 offer having been accepted prior to any proceedings
Q&A

This Q&A considers how CPR Part 36 operates pre-action and how it affects a party’s ability to recover their pre-action costs.

Can you validly serve an interim charging order at the last known address on the court record, even where
Can you validly serve an interim charging order at the last known address on the court record, even where
Q&A

This Q&A deals with the rules of service of interim charging orders and the issues that arise if the address for service on the court record appears to be out of date.

How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?
How does Part 36 interact with the fixed costs regime in CPR 45 in respect of Personal Injury cases?
Q&A

This Q&A lays out how CPR 36 corresponds with CPR 45 in regard to personal injury cases.

If I wish for a hearing to be heard in private, do I need to make a formal application for this with
If I wish for a hearing to be heard in private, do I need to make a formal application for this with
Q&A

This Q&A considers whether a formal application is required in order to invite the court to conduct a hearing in private.

If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in
If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in
Q&A

This Q&A examines what the position is where a Part 36 offer is made by one, but not all of the defendants to a claim.

If serving by email, what is the extent of the requirement to enquire about the recipient’s email
If serving by email, what is the extent of the requirement to enquire about the recipient’s email
Q&A

This Q&A considers the fact that CPR PD 6A, para 4.2 provides that when serving documents by email a request should be made to the party to be served as to whether there are any limitations to such service. What is the position if that party fails to respond and we wish to serve a defence by email? Can reliance be placed on the fact that documents have previously been served on them by email and there was no issue with format/size?

If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order
If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order
Q&A

This Q&A considers what date will apply to a court order amended under the ‘slip rule’ (CPR 40.12).

If you agree with the defendant to serve the claim form (at the end of the four-month period) and agree
If you agree with the defendant to serve the claim form (at the end of the four-month period) and agree
Q&A

This Q&A considers whether you can agree an extension of time for service of the particulars of claim pursuant to CPR 2.11 and/or CPR 3.8.

In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their
In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their
Q&A

This Q&A considers the filing of agreed directions and what to do for pending an order or directions issued by the court.

In a costs budget, how should I deal with costs that have already been summarily assessed?
In a costs budget, how should I deal with costs that have already been summarily assessed?
Q&A

This Q&A considers how are costs that have already been summarily assessed to be dealt with. Should they be excluded on the basis that a costs order has already been made or should they be included on the basis that their inclusion enables the judge considering the costs budget to see all the costs incurred to date in the proceedings which will assist in seeing whether the costs are reasonable and proportionate?

Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b)
Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b)
Q&A

This Q&A considers whether a party can join a civil claim as an interested party and, if so, in what capacity.

Is postal service acceptable when serving an interim charging order on the debtor?
Is postal service acceptable when serving an interim charging order on the debtor?
Q&A

This Q&A deals with the question of service of interim charging orders by post.

Is the provisional assessment limit of £75,000 under CPR 47.15 inclusive or exclusive of VAT?
Is the provisional assessment limit of £75,000 under CPR 47.15 inclusive or exclusive of VAT?
Q&A

This Q&A deals with the question of whether the £75,000 limit for provisional assessment under CPR 47.15(1) includes VAT.

Is there a time limit for when a European Enforcement Order needs to be served on a debtor?
Is there a time limit for when a European Enforcement Order needs to be served on a debtor?
Q&A

This Q&A considers whether there is a time limit for when a European Enforcement Order needs to be served on a debtor.

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Practice Areas

Panels

  • Case Analysis Panel
  • Q&A Panel

Qualified Year

  • 2005

Education

  • Bar Vocational Course Very Competent (2005)
  • LL.B (Hons) University of Leicester
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