James Malam

Practice Areas

James practices in most areas of commercial law, with particular emphasis on construction, professional negligence, insurance and insolvency matters.

Recent cases include:

• Three day TCC trial about whether the engineer’s obligation to design ‘sewers’ required it to specify the package sewage treatment plant to be used. Baylham Care Centre Ltd v. Mixbrow Ltd [2019] EWHC 2645 (TCC).

• Four day solicitors’ negligence trial successfully defending allegations of negligent advice at mediation and in not accepting the proffered limitation standstill; court accepted that the solicitor’s advice that further offers were likely was not negligent and that the client would not have accepted the offers made even if advised to

• Dispute between sub-contractor and employer about ownership of materials on site when the contractor became insolvent. Interpretation of the NEC3 Engineering and Construction Contract and Sub-Contract.

• £6m claim regarding purchase of 51 flats created from a former office block and suffering from defects including the use of flammable cladding and lack of fire stopping. Complex claim against the developer and the private building inspector involving four separate expert disciplines.

Career

Lord Justice Holker Award, Gray’s Inn, 2001.

Chancery and commercial pupillage at the Chambers of Geoffrey Vos KC, 3 Stone Buildings 2003-4.

Following pupillage, James worked at Fishburns Solicitors specialising in insurance and professional negligence work, returning to the independent Bar in 2010.

During 2007, James worked as a Judicial Assistant to the Court of Appeal, assisting Lord Justice Carnwath.