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James Medd

Call 1985

“His advice is clear, honest and realistic – simply brilliant at the job.”
(Legal 500, 2021)

Insurance & Reinsurance

Much of James’ practice involves acting for and against insurers on issues of policy interpretation, particularly in claims arising from Contractors All Risk Insurance, Property Policies and Liability Insurance.

Selected Cases

  • Successfully represented insurers who, in view of the terms of the Third Parties Rights Against Insurers Act 2010, refused to disclose a copy of their insured’s liability policy to a company who sought it by way of a pre-action disclosure application before the insured had become insolvent.
  • Acted for AXA against Ted Baker in commercial insurance coverage and quantum dispute concerning a claim for £1.8m business interruption losses consequent upon fidelity losses.
  • Advised PL insurer on double insurance and as to whether they could claim contribution from another liability insurer in respect of an accident to a school pupil on an artificial ski slope in which the pupil suffered significant head injuries.
  • Advice to Employer’s Liability insurers on whether they could recover contribution from a public liability insurer in respect their insured’s liability for personal injuries suffered by an employee
  • Advising PL insurers as to whether they were liable to indemnify their insured for serious head injuries sustained by a sub-contractor
  • Advised in reinsurance dispute involving in excess of £1m
  • Acting for insurers in £4m personal injury claim, advising on validity of policy avoidance by co-Defendant’s employer’s liability insurers
  • Advice to property insurers in respect of entitlement to avoid a policy for misrepresentation: serious fire claim
  • Advice to CAR insurers and RTA insurers on liability to pay defence costs of criminal prosecutions
  • Advice to road traffic insurers on policy interpretation; very serious personal injury claim
  • £3m claim on multiple ATE and BTE insurance policies
  • Acting for excess of loss insurers in multi-million pound dispute over policy coverage for M&E engineers sued for alleged defects in design of air-conditioning and smoke management of development in Grand Cayman
  • £2.5m Contractors All Risk Insurance dispute in respect of damage to contract works by fire in circumstances where the employers’ property insurers had already paid for reinstatement
  • Advised product liability insurers in breast implant litigation

Civil/Insurance Fraud

EL/PL fraud

James does a lot of advisory work in connection with the policy coverage aspects of EL and PL claims. Although these do occasionally also involve advice on the underlying claim brought by the injured person, this is not usually the primary focus of his instructions.

James’ personal experience is that fraudulent EL/PL insurance policy claims are rare, but the legal principles are the same as other insurance fraud claims.

Third Party Property Damage

James’ primary area of expertise is property damage claims involving fires and floods. He is also currently engaged by one insurer who is rebutting CWI claims on policy grounds.

Recent cases include:

  • James is currently instructed by insurers who are defending a claim by a man whose house was destroyed by a gas explosion from a gas heater supplied by the Defendant. The Claimant also suffered injuries. James has pleaded fundamental dishonesty on the basis that the Claimant has not told the truth about how the explosion occurred, about the circumstances in which the heater was installed and about his company’s claim for lost profits.
  • In 2021 James advised insurers about whether they could reject a claim brought by a householder on a property policy for the destruction of her home as a result of a fire, on the basis that the householder had started the fire deliberately. The claim was rejected and since James has heard no more about it, it is assumed that the rejection has not been challenged.
  • In 2021 James also acted for insurers and successfully defeated a theft claim on a property policy in which he pleaded fraud, primarily on the basis that the theft did not take place at all and that documents provided in support were forged. The claim was dismissed when the Claimant did not comply with an order that it provide security for insurers costs.

Selected Cases

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News


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Qualifications


  • Queens College Cambridge (1981 – 1983)
  • Winchester College Scholar (1975 – 1980)

Memberships


  • COMBAR
  • LCLCBA
  • PIBA
  • PNBA
  • TECBAR

Rankings


  • Leading Junior in Insurance, Product Liability & Property Damage (Chambers & Partners 2022)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2022)
  • Leading Junior in Insurance & Product Liability  (Chambers & Partners 2021)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2021)
  • Leading Junior in Insurance & Product Liability  (Chambers & Partners 2020)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2020)
  • Leading Junior in Construction, Insurance & Product Liability (Chambers & Partners 2019)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2019)
  • Leading Junior in Construction, Insurance & Product Liability (Chambers & Partners 2018)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2018)
  • Leading Junior in Construction, Insurance & Product Liability (Chambers & Partners 2017)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2017)
  • Leader at the Bar in Construction, Insurance & Product Liability (Chambers & Partners 2016)
  • Leader at the Bar in Construction, Insurance & Product Liability (Chambers & Partners 2015)
  • Leader at the Bar in Construction, Insurance & Product Liability (Legal 500 2015)
  • Leader at the Bar in Construction, Insurance & Product Liability (Chambers & Partners 2014)
  • Leading Junior in Construction, Insurance & Product Liability (Legal 500 2014)
  • Leading Junior in Construction, Insurance and Product Liability (Legal 500 2013)
  • Leader at the Bar in Construction, Insurance & Product Liability (Chambers & Partners 2012)
  • Leader at the Bar in Construction, Insurance and Product Liability (Chambers & Partners 2011)
  • Leading Junior in Construction, Insurance and Consumer & Product Liability (Legal 500 2011)
  • Leader at the Bar in Construction, Insurance and Product Liability (Chambers & Partners 2010)
  • Leading Junior in Construction, Insurance and Consumer & Product Liability (Legal 500 2010)
  • Leader at the Bar in Construction and Product Liability (Chambers & Partners 2009)
  • Leading Junior in Insurance and Consumer & Product Liability (Legal 500 2009)

Recommendations


“James Medd has excellent attention to detail and technical knowledge.”

Chambers & Partners, 2024

“He is excellent. Very thorough, hands on, detailed, responsive, very strategic and first rate in his handling of clients.”

Legal 500, 2024

He is able to understand technical information from clients. He’s great at strategy and gives sensible, understandable advice.”

Chambers & Partners, 2022

“Strengths: responsiveness; immediate grasp of complex issues which he can then explain in layman terms if necessary; really good with clients in conference; has a lovely manner with clients; and turns paperwork around quickly.”

Legal 500, 2022

“He is good at distilling down property damage work with complex underlying technology, product or construction issues.”

Chambers & Partners, 2022

“My go-to barrister for indemnity work. He is efficient, can see the wood for the trees, and produces clear and structured advice on the most complicated legal problems.”

Legal 500, 2021

“Very good to work with and grasps the background circumstances and the technical elements of complex matters.”; “He offers practical solutions and brings an element of clarity to his advice.”’ “He’s very thorough and masters the facts.”

Chambers & Partners, 2021

“His advice is clear, honest and realistic – simply brilliant at the job.”

Legal 500, 2021

“Very experienced and an extremely safe pair of hands.”

Chambers & Partners, 2020

“Excellent all round.”

Chambers & Partners, 2019

“A class act.”

Chambers & Partners, 2018

“He has a capacity for obtaining a thorough grasp of complex information and documentation in high-value cases and of adding considerable value to the case and overall client strategy.”

Chambers & Partners, 2018


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