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James Berry



James specialises in commercial dispute resolution across the full range of contractual and tortious disputes. He regularly advises clients in the manufacturing, construction and technology sectors and across a wide variety of commercial disputes including complex IT issues, shareholder disputes, claims arising from sale and purchase agreements, warranty claims, professional negligence claims and commercial contract disputes.

He also has a wide variety of experience in handling interim injunction applications and is an active proponent of alternative dispute resolution.

Recent highlights:

  • Successfully settled a large insurance dispute and avoided lengthy litigation for a leading Sheffield manufacturer arising from negligent construction works, which resulted in site closure and a claim for loss of profit and relocation costs exceeding £1m.
  • Acted for a large Sheffield PLC in respect of an injunction to enforce a restrictive covenant within an employment contract.
  • Acted for the shareholders in various warranty claims made against them and successfully resisted those claims and avoided court proceedings being issued.
  • Lead fee earner on a three week trial in the High Court in respect of a £1m dispute involving claims of fraud, dishonesty and misfeasance in public office.
  • Secured a significant payment of damages for a vulnerable client in a professional negligence claim against his former legal advisors, doing so by using flexible funding arrangements and obtaining ATE insurance to protect the client’s position.
  • Acted for a large food manufacturer in a high profile dispute which had the potential to cause significant damage to the client’s business and reputation. The claim was settled on a confidential basis and avoided any damage to reputation and the potential impact on future business and profitability.

Read My Comments On The Latest News

  • 18/04/2017
    Civil Justice Statistics Show Sharp Increase In Claims

    "Given the marked increase in court fees over recent years, it is perhaps surprising to see that there remains a strong appetite so far as the willingness to issue court proceedings is concerned. Whilst the key drivers for this are not entirely clear, the data clearly shows a sharp rise in the number of disputes resulting in litigation, many of which will be founded upon unpaid debts. Whilst the statistics do not distinguish between claims issued by consumers and those by business, the statistics do appear to support other indicators that evidence rising levels of debt within the economy. Some sources suggest that the average debt per UK adult now stands at roughly £30,000 (around 114.2% of average earnings) and also that roughly 250 people a day are declared bankrupt. Such levels of debt are not restricted to consumers or to businesses given that government debt grew during February 2017 by £64 million a day. "Whilst ever credit remains cheap and question marks linger over the ability of consumers and businesses to service levels of debt, the likelihood is that the number of court claims will remain buoyant. What the statistics also demonstrate is the importance of responding to claims quickly within the strict deadlines imposed by the Civil Procedure Rules in order to avoid a default judgment being entered. It is also vital to seek legal advice at an early stage in order to have the best chance of achieving a successful outcome whether that be bringing or defending a claim. Furthermore, given the costs involved with litigation and the time it takes to reach trial, seeking legal advice at an early stage may have the added benefit of enabling a dispute to be resolved by means of alternative dispute resolution."

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  • 06/06/2016
    UK's Largest Food Redistributor Appoints Irwin Mitchell as Legal Adviser

    “Company Shop is ahead of the political agenda and leading the way in terms of tackling food waste and improving the way in which the food industry operates. To be appointed lead legal adviser by such a forward thinking company is fantastic news and testament to the depth of our expertise in the food and manufacturing sector as well as our own approach to client care and social responsibility.”

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