Jamie Arthur

Jamie has advised on a wide range of professional negligence and indemnity disputes involving landlords, solicitors, brokers, reinsurers, and financial professionals.

Selected Cases:

• Advised on resisting the enforcement of a surety bond in a dispute involving allegations of negligence in a Court appointed role (c. £100k).
• Instructed in a strike-out application for a claim alleging negligence against a social housing provider. The claim involved issues relating to nuisance, the Human Rights Act and duties on public law bodies (c. £36k). Jamie secured a successful disposal of the claim before allocation.
• As a pupil, Jamie has assisted on cases involving allegations of negligence across a broad range of professional industries, including:
• Advised on a reinsurer indemnity dispute involving interpretation of U.S. state law and English law duties (c. £844m)
• Assisted in a trial involving historic allegations of fraud against a government department. The case involved issues relating to the evidential significance of Court records, the legal test for setting aside judgments procured by fraud and the burden of proof in cases where fraud is alleged. (c. £80m)
• Advised on a claim involving alleged fraud by solicitors involving complex international structures and issues around aggregation (c. £66m)
• Settled a defence in a claim against insurance brokers following a denial of coverage in a business interruption claim following a fire (c. £1.2m)

Jamie has experience with construction disputes involving defects, delays, and adjudication procedures.

Selected Cases:

• Instructed in a CCMC in a dispute arising from the Party Wall Act 1996 and succeeded in obtaining the costs of the CCMC in the context of late service of key documents by another party. (c. £44k)
• As a pupil, Jamie has assisted on cases covering a range of construction issues, including:
• Advised on the consequences of a defendant failing to serve any evidence in a defects case concerning a landmark London development where the defendant failed to attend proceedings (c. £50m)
• Advised on issues relating to delay and extension of time under a JCT contract in construction litigation based in Jersey (c. £1.2m)
• Advised on the implications of a litigant in person submitting hallucinated authorities generated via AI in the enforcement of a construction adjudication (c. £100k).

Selected Cases:

• Instructed on an application involving a claim brought by an insurer as against an insured in circumstances in which the insured failed to cooperate with the investigation following an accident. Jamie was successful in the application and was awarded wasted costs. (c. £17k).
• As a pupil, Jamie has assisted on cases involving product liability and property damage, including:
• Advised on the prospects of success in a case concerning fire in agricultural equipment under the Consumer Protection Act 1987 and the Supply of Machinery (Safety) Regulations 2008. (pre-issue)
• Advised a council on potential liability for remediation in the context of an escape of fuel allegedly caused by faulty drainage installation. Considered issues relating to the New Roads and Street Works Act 1991, nuisance and negligence, and the impact of European law on the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009 (c. £1m).
• Advised and drafted a mediation position statement on a dispute relating to environmental damage caused by an oil interceptor malfunction. Considered engineering evidence and principles relating to ex turpi causa as concerns permit breaches (c. £380k).
• Settled particulars and advised on a claim relating to fridge fire and property loss. Considered expert engineering evidence as well as issues under the Consumer Protection Act 1987 and the Electrical Equipment (Safety Regulations) 1994. (c. £250k).

Jamie has worked on claims involving regulatory authorities and environmental enforcement, including cases with criminal and quasi-criminal dimensions.

Selected Cases:

• Advised on appeals against adverse Compliance Assessment Reports issued by both the Environment Agency and Natural Resources Wales. In this capacity, he has advised on the prospects of success as well as contributed to the initial representations for appeal (as a pupil).

• Assisted on a successful abuse of process application in a case alleging gross negligence manslaughter on the basis that there was an unequivocal representation by the prosecution not to prosecute (as a pupil).
• Advised on potential liability for a national organisation in relation to the prospect of gross negligence manslaughter proceedings brought in relation to a fire strategy (as a pupil).
• In his role as a judicial assistant, Jamie assisted on numerous high-profile criminal appeals in relation to both conviction and sentence on a wide range of offences from murders to environmental prosecutions.

Jamie has a broad personal injury practice, accepting instructions to advise and draft pleadings on behalf of both claimants and defendants in a wide variety of cases. He is also frequently instructed in personal injury trials, as well as in application hearings.

Selected Cases:

• Successfully defended a strike-out application brought by a Claimant in a case involving allegations of fraud, personal injury and defective service of documents on the damage claims portal (c. £22k).
• Instructed by a landlord in a personal injury claim brought against a landlord under the Landlord and Tenant Act, Defective Premises Act, and Occupiers Liability Act. Succeeded in applying to strike out the claim as against the landlord and succeeded in obtaining a substantial, enforceable costs award against the Claimant. (c. £30k).
• Instructed to advise on the merits of a personal injury claim in a case involving issues of liability for a volunteer, unincorporated associations, and the Occupiers Liability Act (pre-issue).
• Instructed in an application relating to the late service of a defence involving injury to a footballer sustained as a result of an allegedly poorly maintained pitch (c. £16k). Despite being neither the applicant nor the respondent, Jamie was still successful in achieving a costs award.
• As a pupil, Jamie has assisted on a range of personal injury cases, including:
• Drafting a defence in a case resulting from an injury sustained from a lift failure. Considered expert evidence on the maintenance of the lift, scope of the duty of maintenance, and employers liability (c. £500k).
• Advising whether a stock car racing track had been appropriately constructed in the context of injuries relating to the track. (c. £25k).