Jim Tindal Personal Injury

Call: 2002

Introduction

Jim is a former Solicitor and has now been at the Bar for 11 years. He has developed an expertise in what might be described as ‘social and public law’, dealing with a number of related and overlapping fields including: Personal Inury and Clinical Negligence, Employment and Discrimination, and Court of Protection and Social Care work. He has an entry in Chambers and Partners and Legal 500 for  Employment and in Chambers and Partners for Civil Liberties and Human Rights.

Jim is also a Recorder of the County and Crown Courts, Deputy District Judge of the Magistrates Court and Part-Time Employment Judge. He is one of the youngest people in the country to have achieved these multiple judicial positions (now 39). He is also a Visiting Lecturer in Law at Birmingham University.

Qualifications and Appointments:

  • Treasury Counsel (Civil) since 2007
  • Part-Time Employment Judge since 2009
  • Deputy District Judge (Magistrates Court) since 2009
  • Crown Court Recorder since 2012

Articles and Publications:

  • Thomson Encyclopedia of Employment Law

 


Abuse, Neglect and Human Rights

Jim heads up the 'Abuse, Neglect and Human Rights' sub-team of the PI Group, which links with his practice in Court of Protection and Social Care cases. He has been instructed in common law and human rights claims in cases involving fatal neglect in care homes, injuries to vulnerable adults, attacks by psychiatric patients, psychiatric injury caused by childhood sexual or physical abuse, failing to diagnose dyslexia, and stress caused by public authority maladministration, regulatory decisions and police searches. He is instructed by a local authority in a 3-week Inquest into the accidental death of a vulnerable person who escaped from his care home, involving issues of human rights, care assessments and deprivation of liberty.

Under the category of Civil Liberties and Human Rights in Chambers and Partners, Jim is described as "A very good lawyer, an extremely sensible and effective advocate".

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Catastrophic injuries

Jim is regularly instructed in brain injury cases. He appeared in an ‘old scheme' CICA common law damages hearing relating to a permanently brain injured child claimant valued over £5m. The case involved complex issues of life-long loss of earnings and care and rehabillitation and the inter-relationship between damages and the availability of local authority care. In the field of brain injury, he has been instructed by a local authority to intervene in a claim involving a child in local authority care with a need for lifelong personal care, in another complex case involving a golfing accident and consequent development of seizures, and to advise a Court of Protection Deputy of a large compensation fund on the appropriate level of local authority care. He has expertise in Court of Protection and Community Care and has lectured to APIL.

Jim has particular expertise and experience in complex diagnosis / damages claims. He was instructed in a case involving multiple physical injuries and the later onset of tremors with several expert reports on either side, allegedly fraudulent symptoms and surveillance evidence, and a loss of profit claim involving bilateral expert forensic accountancy evidence, and successfully negotiated a large settlement at JSM. Jim has dealt with other cases involving psychological overlay and chronic pain, the development of deep vein thrombosis through driving in cramped conditions to someone of unusual size, initial injuries leading to subsequent accidents aggravating injuries, and loss of earnings claims with complex third party causation issues

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Fatal Accidents

Jim regularly advises on fatal accidents including Legionaires Disease under holiday legislation involving complex questions of forum, liability, causation and assessment of quantum as the deceased was a self employed person who had just started a new business, a fatal RTA accident involving issues of causation, contributory negligence and third party negligence, and a death of a vulnerable old person as a result of neglect in a care home. He has also been regularly instructed in Inquests, including complex Inquests into the death of a vulnerable adult who escaped from a care home and was killed by a train, and a vulnerable adult who died in his home shortly after discharge from hospital and local authority care. Jim has also lectured on fatal accident claims.

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Industrial Disease

Jim has lectured on health and safety law and is a part-time Employment Tribunal Judge which enables him to take a holistic approach to this complex subject.

Jim has dealt with a variety of different industrial disease cases, including a multiple claimant asthma claim, work-related upper limb disorder, and deep vein thrombosis developed through driving. He has a particular expertise in stress cases, both for workload stress, bullying, discrimination and psychiatric injuries developed in the course of working with challenging or vulnerable people, including a claim by an employee who was assaulted by a member of the public in the course of her duties where the other side conceded after Jim's cross-examination of their witnesses.

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Travel and Holiday Claims

Jim has lectured on health and safety law and is a part-time Employment Tribunal Judge which enables him to take a holistic approach to this complex subject.
Jim has dealt with a variety of different industrial disease cases, including a multiple claimant asthma claim, work-related upper limb disorder, and deep vein thrombosis developed through driving. He has a particular expertise in stress cases, both for workload stress, bullying, discrimination and psychiatric injuries developed in the course of working with challenging or vulnerable people, including a claim by an employee who was assaulted by a member of the public in the course of her duties where the other side conceded after Jim's cross-examination of their witnesses.

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