Jamie Jenkins

Jamie Jenkins
View LinkedIn profile

Email: clerk@stjohnsbuildings.co.uk

Phone: 01244 323 070

Year of call: 2008

Book Barrister

Jamie read law and obtained an LLM in Commercial Law at the University of Sheffield. He was called to the Bar by Middle Temple in 2008 having been awarded the Campbell Foster prize by the Inn for his performance on the BVC.

Jamie enjoys a busy civil practice, focusing on Employment and Commercial Law. He also has expanding practices in Education Law and Sports Law.

Jamie is qualified in Direct Access work, and is trained and qualified in conducting litigation. He is happy to receive instructions in each of his areas of specialism.

Expertise

  • Employment

    Jamie acts for both Claimants and Respondents in a wide range of employment tribunal cases, advising clients at all stages from initial negotiations through to the final hearing and, if necessary, to appeal. His practice includes cases that involve issues of unfair dismissal, breach of contract, discrimination, redundancy, whistleblowing and restrictive covenants.

    Jamie’s recent experience includes:

    • Representing a trainee social worker in establishing that her training scheme amounted to a common law contract of apprenticeship, thus enabling her to bring a claim for breach of contract.
    • Successfully representing a former DWP employee who claimed constructive dismissal arising out of the unilateral amendments to her working hours.
    • Advising a recruitment agency in relation to a former employer that had allegedly stolen clients in breach of a restrictive covenant.
    • Securing a favourable settlement for an employee of a local authority who was allegedly dismissed after making protected disclosures.
    • Representing a building company in cases brought by employees for outstanding holiday pay.
    • Successfully representing an employee who was made redundant from a global insurance company.
    • Successfully representing a teacher who claimed that her disability had contributed to her committing an act of gross misconduct that resulted in her dismissal.

    Jamie has a specific interest and particular experience in dealing with discrimination cases, and regularly provides training on new developments in the area of discrimination. His recent experience of discrimination includes:

    • Advising and drafting pleadings for a Premier League football club in relation to age discrimination claims brought by former employees.
    • Successfully representing an HGV driver who was dismissed due to the side effects caused by his diabetes medication.
    • Successfully representing an employee of a clothing retailer who claimed constructive dismissal and sexual harassment following an alleged sexual assault.
    • Successfully representing a care home that had been accused of constructive dismissal and race discrimination by a former employee.
    • Successfully representing an employee of a supermarket chain who was found to have a disability by reason of his low IQ.
    • Representing an employee of a marketing firm who claimed that she was taunted by her colleagues for reasons relating to her mental disability.
    • Successfully representing a teacher who claimed that her disability had contributed to her committing an act of gross misconduct that resulted in her dismissal.
    • Successfully representing the Claimant in claims for unfair dismissal and age discrimination after she was dismissed from her part-time role on a market stall in Warrington.
    • Representing an employee who claimed pregnancy discrimination after being dismissed due to absences from work.
    Book BarristerBack to top
  • Company and Commercial

    Jamie has a Masters in Commercial Law and brings that expertise to a broad commercial practice encompassing areas that overlap with other aspects of his practice as well as distinct areas of commercial litigation. His practice primarily focuses on contractual disputes, including the sale of goods and supply of services, construction and insurance.

    Jamie is also regularly instructed on commercial and company law matters that involve of tort, misrepresentation and fraud. He has experience in dealing with substantive issues in such cases as well as interim hearings including injunctions, interim payments and security for costs.

    Examples of recent work undertaken include:

    • Advising a Premier League football club in potential claims for breach of contract intimated by former employees.
    • Drafting the disclosure letter to be used in the sale of a Premier League Football club.
    • Representing a solicitor’s firm in relation to a six figure claim brought by an ATE provider for breach of contract.
    • Representing a local authority in a breach of contract claim brought by the teacher of a school alleging that he should be paid whilst off sick because his sickness was caused by the build up of mould in his classroom.
    • Advising and representing a former company director in relation to a substantial claim brought by a bank under a personal guarantee where a statutory demand had been issued.
    • Advising a client in relation to an £80,000 claim against Land Rover alleging misrepresentation of the sale of two new vehicles.
    • Representing the owners of a semi-detached house who alleged that contractors working on the adjoining property had damaged the boundary wall to the extent that the structural integrity of the building was put at risk.
    • Representing building contractors in a quantum meruit claim for project management fees.
    • Advising a client in relation to a claim against the seller of a caravan where it transpired that the caravan had been previously stolen.
    • Advising a client in relation to a claim against a car dealership after he purchased a second-hand prestige sports car that was subsequently shown to be unroadworthy and worth less than one quarter of what was paid for it.
    • Representing the Defendant in a multi track credit hire claim where it was alleged that the Claimant should have utilised a hire company that was based on the same street as where the Claimant lived.
    Book BarristerBack to top
  • Fraud - Civil

    Jamie has a particular interest in fraud cases. To date Jamie has been instructed on cases involving allegations of staged and induced accidents, phantom passenger, exaggerated injury and low velocity impact. He has experience of dealing with such cases at all stages of litigation, including drafting pleadings and dealing with costs in substantial application as well as at the conclusion of cases where Claimants have been found to have exaggerated their claim.

    Jamie was involved in the recently reported case of Ahmed v Lalik & Co-operative Insurance Society Limited [2015] EWCA 651 (QB), which dealt with the extent to which adverse inferences can be drawn in cases where fraud is not expressly pleaded. Jamie has extensive experience in cases where Defendants seek to advance a so called ‘hybrid’ defence, and has delivered seminars on applicable law and best practice in such cases. He has also recently provided training on fundamental dishonesty, QOCS and section 57 of the Criminal Justice and Courts Act 2015.

    Jamie also has experience dealing with applications and proceedings relating to contempt of court under CPR 81 including providing advice, drafting pleadings, and representing parties at the trial of such matters.

    Jamie’s recent fraud experience includes:

    • Representing the Respondent in an application to commit him to prison for contempt of court following the discontinuance of a personal injury claim.
    • Dealing with an application by a Defendant for a finding of fundamental dishonesty where the Claimant had discontinued the primary personal injury claim.
    • Securing an order striking out the Claimant’s claim prior to trial due to inconsistencies in the medical evidence as to how he sustained his injury.
    • Successfully representing the Defendant in a case where the Claimant stated that he suffered personal injury when his vehicle was struck by a block of ice that fell from the Defendant’s HGV. The claim was dismissed due to insufficient and inconsistent evidence.
    • Successfully representing the Claimant in a case where the Defendant sought an adverse inference from the absence of witness statements from passengers in the Claimant’s vehicle. The Judge declined to draw such an inference.
    • Successfully representing the Defendant in a multi track personal injury claim where the claims for two passengers had been settled. The remaining passenger’s claim was dismissed after the Judge found that she had suffered no injury despite medical evidence in support.
    • Representing the Claimant throughout a multi track case where fraud was pleaded and the case had been consolidated with another related accident. The case was ultimately settled on favourable terms for the Claimant after applications by the Defendant to adduce further evidence had been successfully resisted.
    Book BarristerBack to top
  • Education

    Jamie regularly represents local authorities, employees and others in cases related to the education sector, including in cases involving employment, discrimination and personal injury, but also has a growing practice in the area of education law. Jamie is direct access qualified and is available to act for parents and local authorities in a range of education cases including:

    • Admission and exclusion appeals in front of independent panels.
    • Appeals to the Special Educational Needs and Disability Tribunal (‘SEND’ Tribunal) concerning EHC assessments and/or exclusions.
    • Upper Tribunal appeals arising from decisions of the SEND Tribunal.
    • Advice and representation regarding judicial review.
    • Issues in transitioning SEN students to EHC assessments.
    • Cases involving further and higher education.
    Book BarristerBack to top
  • Sport, Media and Entertainment Law

    Jamie regularly uses his expertise in other areas in a sports law context, most notably in relation to his employment law and commercial law experience. Jamie’s recent experience includes assisting the sellers of Premier League football club, and representing a Premier League football club in relation to claims in breach of contract and age discrimination made by former employees.

    Book BarristerBack to top