James Fraczyk

  • Year of Call 2013

Instruct James

Introduction

Introduction

James’ main areas of expertise are in general civil law, public law (including immigration) and EU law. He is also registered to undertake direct access work and has received instructions on that basis.

In 2018 he was appointed by the Attorney General as Junior Treasury Counsel. Consequently, from an early stage in his career he has undertaken a substantial amount of oral and written advocacy before senior judges, in addition to advising the UK government on a range of matters (including some with strategic ramifications). He also has a breadth of experience across numerous jurisdictions.

Shortly after being called to the Bar he was appointed for seven months as the Judicial Assistant to Lady Justice Arden (as she then was) in the Court of Appeal, which included assisting the LJ in her capacity as Head of International Judicial Relations for England & Wales. He worked on a variety of cases ranging from large-scale competition, tax and commercial disputes, to public law, human rights and immigration matters.

In 2012 he was also a brief Stagiaire to Advocate General Sharpston at the CJEU in Luxembourg. He drafted court documents including, for example, in Case C-258/11 Sweetman v An Bord Pleanála – a seminal planning/environmental law case concerned with Article 6 of the Habitats Directive.

Qualifications

Qualifications

  • FCIArb (2020)
  • BPTC (Kaplan) Very Competent (2013)
  • LLM (Cantab) 1st Class (2012)
  • BCL (Oxon) (2011)
  • LLB Hons (Cardiff) 1st Class – Top of Year (2010)

Awards & Prizes

Awards & Prizes

  • Winner - Kaplan and Outer Temple Chambers Civil Advocacy Competition (2013)
  • Winner - Kaplan Judicial Review Advocacy Competition (2013)
  • Jules Thorn Scholar - Middle Temple Inn of Court (2012)
  • Thomas and Elizabeth Walton Prize for Law - University of Cambridge (2012)
  • Sir Francis Goldsmid Scholarship - University of Cambridge (2012)
  • Sweet & Maxwell Prize for Law - Cardiff University (2010)

 

Civil

Civil

James regularly undertakes work across a broad range of civil matters. He has experience with multi track claims, fast track trials, small claims, CCMCs, applications, interlocutory hearings, and drafting.

He also has experience of representing and advising various government bodies and office-holders, including the: Lord Chancellor; Secretary of State for the Home Department; Ministry of Justice; DEFRA; Environment Agency; Department for Transport; Highways England; and Department for Work and Pensions.

Examples of his work include:

  • Advice, drafting and representation in multi track claims incorporating a range of issues, including psychiatric injury, unlawful detention, breach of data protection, misfeasance in public office;
  • Providing detailed advice in a high-value case concerned with complex insurance provisions and damage to transport infrastructure;
  • Successfully representing the Home Office in civil penalty cases, under both the IANA 2006 and the IAA 1999, against companies operating within a range of economic sectors (including freight transport); and
  • Successful fast track trial involving a discrimination claim under the Equality Act 2010 (protected characteristics of religion and disability).

Planning & Environment

Planning & Environment

James has substantial experience with High Court proceedings, including judicial review. Specific examples of his experience with environmental law and planning include:

  • Advice and successful representation in a case regarding significant overpayment of state aid, under the Common Agricultural Policy, to a company managing land on behalf of a commercial aerodrome; and
  • Successful fast track trial in a case concerned with non-payment of harbour charges and the removal of a sunken vessel from a port.

Commercial

Commercial

James’ experience with commercial cases to date includes:

  • Securing an order, in the High Court, providing for the discharge of a freezing injunction, after the removal of funds from a company account by an ex director of the company;
  • Advising in proceedings relating to the commercial lease for a gym;
  • Advising on a case that involved a lengthy, detailed contract concerning various indemnity clauses in respect of a courier service;
  • Drafting and advising in a number of professional negligence matters (including against solicitors and OISC advisers); and
  • Successful application under the Companies Act 2006, on the behalf of a company, regarding the registration of a charge.

 

Regulatory

Regulatory

James has experience of regulatory matters in both the civil and criminal context. Examples of his work include:

  • Successfully representing a number of local authorities in licensing matters – including at first instance and on appeal;
  • Advising an association on the prospects of challenging a local authority in its approach to licensing issues within its jurisdiction – including in the context of enforcement;
  • Successful trial for HMRC in respect of civil condemnation proceedings relating to a vehicle and various products subject to the Excise Goods (Holding, Movement and Duty Point) Regulations 2010/593; and
  • Representing a number of regulatory bodies in criminal prosecutions in the Crown Court and Magistrates’ Court. 

Personal Injury

Personal Injury

James is regularly instructed in personal injury matters. His experience to date is predominantly in the context of RTAs, accidents at work and psychiatric injury. He has experience with multi track claims, fast track trials, small claims, CCMCs and drafting. Examples of his work include: 

  • Providing detailed advice on the prospects of pursuing an allegation of fraud in the context of an accident at work; and
  • Advising and representing in one particular fast track case during which a dispute arose as to whether a settlement agreement had been reached by various pre-trial communications, including an exchange of emails.

Professional Negligence

Professional Negligence

James has experience with drafting and advising in a number of professional negligence matters (including against solicitors and OISC advisers).

Arbitration & Mediation

Arbitration & Mediation

James qualified as a fellow with the Chartered Institute of Arbitrators in 2020. Accordingly, he is familiar with the New York Convention, in addition to the UNCITRAL Model Law and Rules. His knowledge base is in the context of international commercial disputes.

Licensing

Licensing

James is experienced with licensing cases. Examples of his work include:

  • Successfully representing a number of local authorities – including at first instance and on appeal; and
  • Advising an association on the prospects of challenging a local authority in its approach to licensing issues within its jurisdiction – including in the context of enforcement.

Immigration & Nationality

Immigration & Nationality

James has substantial experience in the sphere of immigration law, including both for claimants and the SSHD (which enables him to analyse and argue cases with a much greater degree of insight than would otherwise be the case). He has appeared in the FTT, UT, High Court and Court of Appeal.

Examples of his work include:

  • Successfully defending the SSHD in a wide variety of public law challenges in the High Court and Upper Tribunal, including in the context of business immigration;
  • Advising and representing the SSHD in a number of cases within the Court of Appeal, including as sole Counsel;
  • Successfully representing both appellants and the SSHD in a significant number of FTT appeals, which often involves extensive cross-examination when acting for the Home Office;
  • Successful judicial review hearings for Claimants/Applicants and the SSHD, including before the President and Vice-President;
  • Representing a Middle Eastern royal family in judicial review proceedings concerned with nationality issues; and
  • Successfully advising and representing in fact-heavy and legally complex unlawful detention claims against the Home Office.

Inquests

Inquests

James is instructed on inquests relating to deaths in state custody. He has appeared before senior coroners, including when sitting with a jury. The most extensive matter he has been instructed on as sole Counsel, to date, lasted one week and involved multiple interested parties and witnesses. It centred on a variety of issues surrounding Tramadol intoxication.

Care & Supervision

Care & Supervision

James was led in the case of AG [2015] EWCOP 78, which concerned the lawfulness of removing a mentally-impaired adult from her mother’s care in the absence of a fact-find hearing.

Prison & Parole Boards

Prison & Parole Boards

James has represented prisoners successfully in both Parole Board hearings and in the High Court.

Notable Cases

Notable Cases

Court of Appeal

  • Bakary Danso v SSHD [2015] EWCA Civ 596 (junior Counsel) – legality of deporting foreign criminals under Article 8 ECHR, pursuant to the Immigration Rules, after significant rehabilitation during imprisonment.

 

High Court

  • R (U and U) v Milton Keynes Council [2017] EWHC 3050 (sole Counsel) – breadth of the Immigration Act 2014, sections 20-21 in conjunction with duties owed by local authorities.
  • R (Tomescu) v Lord President of the Council and Office of the Prime Minister [2015] EWHC 3293 (junior Counsel) – compatibility of UK electoral restrictions with EU and ECHR law – discrimination on the basis of nationality – irrationality of providing electoral rights to individuals with tenuous links to the state, whilst simultaneously disenfranchising individuals with strong links to the state.

 

Court of Protection

  • In the matter of AG [2015] EWCOP 78 (junior Counsel)– lawfulness of removing a mentally-impaired adult from her mother’s care in the absence of a fact-find hearing.

Direct Access

Direct Access

James is Direct Access qualified and has received numerous instructions on that basis.

Appointments

Appointments

  • Fellow of the Chartered Institute of Arbitrators (2020)
  • Attorney General's Panel of Junior Treasury Counsel (2018)