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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 service was used. Is the claim subject to a fixed costs regime? Is the claimant able to recover costs on the standard basis?
A claimant issues a claim for a specified sum of money in excess of £55,000. The Money Claim Online service was used. Is the claim subject to a fixed costs regime? Is the claimant able to recover costs on the standard basis?
Q&As
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?
A key witness (factual and/or expert)/counsel/instructing solicitor is unable/unwilling to travel to and/or attend court due to the risk of coronavirus (COVID-19), what steps should we take?
Q&As
A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from home. However, his employer is based only in Australia. Can the party still apply for an attachment of earnings order and is the employer based in Australia obliged to comply with the UK court order?
A party wishes to apply for an attachment of earnings order. The defendant lives in the UK and works from home. However, his employer is based only in Australia. Can the party still apply for an attachment of earnings order and is the employer based in Australia obliged to comply with the UK court order?
Q&As
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&As
Can an offeree still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of the seven days and are there consequences for a late request such as prohibiting you from applying for a court order under CPR 36.8(2)?
Can an offeree still request the offeror to clarify the offer under CPR 36.8(1) (or otherwise) outside of the seven days and are there consequences for a late request such as prohibiting you from applying for a court order under CPR 36.8(2)?
Q&As
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&As
Can you recover pre-action costs following a Part 36 offer having been accepted prior to any proceedings having been issued?
Can you recover pre-action costs following a Part 36 offer having been accepted prior to any proceedings having been issued?
Q&As
Can you validly serve an interim charging order at the last known address on the court record, even where you know the debtor no longer lives there?
Can you validly serve an interim charging order at the last known address on the court record, even where you know the debtor no longer lives there?
Q&As
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&As
If I wish for a hearing to be heard in private, do I need to make a formal application for this with court fee or can it be dealt with by way of submissions before the judge at the start of the hearing?
If I wish for a hearing to be heard in private, do I need to make a formal application for this with court fee or can it be dealt with by way of submissions before the judge at the start of the hearing?
Q&As
If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in relation to both defendants if the claimant accepts the offer?
If one of two defendants makes a Part 36 offer, is that defendant liable for the claimant's costs in relation to both defendants if the claimant accepts the offer?
Q&As
If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order stand, or is the date of the amendment taken to be the date of the order?
If the court amends an order under CPR 40.12 to correct a mistake, does the date of the original order stand, or is the date of the amendment taken to be the date of the order?
Q&As
In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court, attaching the agreed directions. The court has made no order as to the agreed directions, and the deadline for the first agreed direction has passed. What is the status of the agreed directions and are the parties obliged to comply with the agreed directions in the absence of an order?
In a claim in the County Court Money Claims Centre, both parties have agreed directions and filed their Directions Questionnaire with the court, attaching the agreed directions. The court has made no order as to the agreed directions, and the deadline for the first agreed direction has passed. What is the status of the agreed directions and are the parties obliged to comply with the agreed directions in the absence of an order?
Q&As
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&As
Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be added as a new party, but would this addition have to be in the capacity of claimant/defendant, or could it be in the capacity of an interested party who wants to remain neutral in the proceedings but is still interested in the outcome?
Is it possible for a party to join a civil claim in proceedings as an ‘interested party’? CPR 19.2.2(b) states that the court may order a person to be added as a new party, but would this addition have to be in the capacity of claimant/defendant, or could it be in the capacity of an interested party who wants to remain neutral in the proceedings but is still interested in the outcome?
Q&As
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&As
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&As
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&As
Judgment has been obtained in England against a company registered in Gibraltar, and an address for service was provided for the defendant in England. It is believed that there may be assets belonging to the defendant at the address for service in England. Can the claimant enforce at the address for service in England in the usual way?
Judgment has been obtained in England against a company registered in Gibraltar, and an address for service was provided for the defendant in England. It is believed that there may be assets belonging to the defendant at the address for service in England. Can the claimant enforce at the address for service in England in the usual way?
Q&As
Paragraph 8.4 of the Pre-Action Protocol for Professional Negligence states ‘the parties should supply promptly, at this stage and throughout, whatever relevant information or documentation is reasonably requested’. What is considered ‘reasonable’ in this context? Is there any relevant case law on this provision?
Paragraph 8.4 of the Pre-Action Protocol for Professional Negligence states ‘the parties should supply promptly, at this stage and throughout, whatever relevant information or documentation is reasonably requested’. What is considered ‘reasonable’ in this context? Is there any relevant case law on this provision?
Q&As
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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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