Jake Rowley

Areas of expertise

• Fraud

  Fraud

  Jake has a particular interest in, and extensive experience of, cases involving allegations of fraud and/or fundamental dishonesty. He is predominantly instructed on behalf of defendants in such cases, but also appears on behalf of claimants where dishonesty is alleged. He is regularly instructed to advise in conference at an early stage and thereafter to draft pleadings advancing allegations of dishonesty, exaggeration and/or fraud, as well as counterclaims in the tort of deceit.

  Jake is closely involved with one of the UK’s largest insurers in their counter-fraud operations.

  Jake has experience of claims involving fabricated, staged, or induced collisions; ‘accidents’ involving ‘stooge’ vehicles; phantom passenger/occupancy issues; LVI cases; issues of late presentation; and fabricated/exaggerated injuries. He is regularly involved in cases involving the deployment of CCTV and surveillance footage, telematics data, social media intelligence, contemporaneous reports made to insurers, and expert engineering evidence, in support of allegations of dishonesty. He has secured numerous findings of fundamental dishonesty following discontinuance and after trial, as well as the dismissal of otherwise compensable claims pursuant to s. 57 of the Criminal Justice and Courts Act 2015.

  Jake is the author of a practitioner text on dishonesty, namely “Fundamental Dishonesty and QOCS in Personal Injury Proceedings: Law and Practice” (published December 2020) and regularly provides talks and training in relation to such matters. A highly anticipated second edition of Jake’s book is expected to be published in early 2025.  View his ‘publications’ tab on the left.

  Jake prides himself on conducting a thorough, robust and forensic cross-examination of witnesses, and of providing practical and straightforward advice in advance of trial on issues of dishonesty.

• Personal injury

  Personal injury

  Jake is an established personal injury practitioner and is regularly instructed in complex and high value claims by both claimants and defendants. He is instructed as sole counsel at all stages of such litigation, from CCMCs and interim applications, through to JSMs, trial and, where necessary, on appeal.

  Jake is ranked as a leading junior for personal injury law in the latest edition of the Legal 500 where he is described as providing “eloquent and concise advice in a very personable manner”.

  Jake has significant experience of the full spectrum of personal injury claims including those arising in the contexts of road traffic accidents; employer’s liability; public liability; occupier’s liability; and breach of the Highways Act. Jake is familiar with holiday sickness claims and has advised on, and appeared at trial in cases relating to, the Package Travel legislation.  He also has experience of claims for injury arising in the tort of battery.

  Jake’s personal injury clients include private individuals, local authorities, major UK insurers, well-known commercial entities (such as British Airways, Heathrow Airport, the TUI Group, and the ISS Group) and National Governments.

  Examples of recent work as sole counsel:

  • Representing the Defendant – British Airways – in a claim brought by their employee after he suffered an allegedly serious foot injury at work. The claim was pleaded at c. £200,000. The Defendant had obtained surveillance footage and extensive open source and social media evidence suggesting that the Claimant’s alleged ongoing disabilities were grossly exaggerated. Ultimately the claim was settled, favourably, in advance of a four-day trial.
  • Representing the Defendant – an insurer – following a road traffic accident in which the Claimant, a dentist and aspiring oral surgeon, suffered a shoulder injury, purportedly prohibiting him from working at the same capacity he had intended pre-accident. Claim not yet fully quantified but with the potential to reach seven figures.
  • Representing the Claimant, a former university lecturer who suffered severe and lasting psychological damage following a road traffic accident and was accordingly forced to give up work and move into assisted accommodation.  Claim valued in excess of £300,000 and involving interesting issues of medical causation.
  • Successfully representing the Defendant – ‘The Climbing Academy’ – a Bristol based climbing centre, at a three-day liability trial before HHJ Ralton. The claim was pleaded in the region of £800,000. Jake was involved from an early stage and had conducted conferences with all of the Defendant’s lay witnesses and the Defendant’s climbing expert. The trial involved interesting legal arguments in relation to the scope of the Defendant’s duty of care and whether there had been a voluntary assumption of a duty in certain respects of the Defendant’s activities, as well as cross-examination of climbing experts.
  • Representing the successful Claimant, a paramedic, following an accident suffered at work when his wrist was trapped and seriously injured in the tail-lift of an ambulance. Jake was instructed from the beginning of the case, settling the Particulars of Claim, the Schedule of Loss (pleaded in excess of £100,000) and providing advice throughout. Ultimately, the case was settled on favourable terms.
  • Representing Heathrow Airport in relation to a claim brought by a Customer Services Representative formerly employed by an airline operating from the airport. Liability was admitted. The Schedule of Loss had been pleaded in excess of £1.2million. The claim was settled favourably at a JSM.
  • Representing the Claimant in a claim arising out of a road traffic accident, pleaded in excess of £700,000. The Claimant was a pedestrian crossing the road when he was hit by the Defendant’s insured, suffering significant physical and psychological injuries. The claim was settled, favourably, at a JSM.
  • Representing the Claimant in a claim valued in the region of £300,000 arising out of a road traffic accident. Dishonesty and exaggeration were alleged against the Claimant.
  • Advising the Government of the United States of America in relation to jurisdictional issues arising out of a potential claim against the USA following a road traffic accident on UK Sovereign Base Area.

   

  Examples of recent led work:

  • A claim involving a brain injury arising from a fall at the Defendant/Occupier’s hotel.
  • A claim involving a brain injury arising from the Claimant being struck on the head by a falling wooden spindle.
  • A claim involving lower limb paralysis after the claimant was struck by a falling person at a shopping centre.
  • A substantial claim for damages arising from a fatal accident at a timber yard.

   

  Jake provides written advice in all areas of personal injury litigation and particularly enjoys advising on quantum.

  Jake has an interest in jurisdictional issues and has advised on claims involving a foreign dimension, as well as claims involving the differing jurisdictions within the UK itself.

  He is willing to consider instructions on a CFA basis, in appropriate cases

• Credit hire and road traffic

  Credit hire and road traffic

  Jake is regularly instructed nationwide for both Claimants and Defendants in credit hire matters, often appearing on behalf of the UK’s largest car hire companies and insurers. He has a strong and successful practice in this area, often dealing with cases where the value of the credit hire involved runs into the many tens of thousands of pounds.

  Drawing on his extensive experience, Jake provides practical and realistic advice in relation to the likely result at trial and is therefore often able to secure favourable outcomes during settlement negotiations.

  At trial Jake is comfortable with the full complement of arguments commonly raised in credit hire litigation, including technical legal arguments concerning enforceability on the basis of misrepresentation/collateral agreements and applicable Consumer Credit legislation; and the presently developing law relating to the doctrine of illegality as it pertains to credit hire claims. Jake is able to deploy or resist all of the relevant arguments, as and when required, in order to secure the best result for his client.

  Jake ensures that he is up to date with the most recent authorities in this continually developing area of law and his advice on credit hire issues is often sought out by other practitioners.  He was previously heavily involved in the realisation of outstanding hire charges, valued in excess of £4million, acquired by a corporate entity on the insolvency of a well-known hire company.  He has provided training to solicitors concerning updates to credit hire and has assisted in drafting a training manual to County Court Advocates in respect of credit hire issues.

• Commercial litigation

  Commercial litigation

  Jake has a varied and developing commercial litigation and insurance practice, having been instructed in a broad array of matters on behalf of private individuals; local authorities; major UK insurers; and large national commercial entities (including British Airways, Heathrow Airport, the TUI Group, Wilko, and the ISS Group).

  Recent work:

  • Acting for the Defendant, a private individual, in a multi-million pound fraud claim brought against him by the bankruptcy trustees of a foreign registered European insurance undertaking, which had been formerly owned and operated by the Defendant himself. Jake settled the Defence and was instructed to conduct a highly contentious security for costs application involving issues of solvency and enforcement of judgments in foreign jurisdictions. Expert foreign law evidence was obtained for the security for costs application.
  • Acting for the Claimant in a claim for declaratory relief in respect of a number of properties which, on the Claimant’s case, were purchased collectively with others pursuant to a joint property investment scheme.
  • Advising an influential American graffiti artist in his attempts to recover various of his art works previously provided on consignment to an art dealer in the UK.
  • Acting for a large UK insurance company in recovery proceedings brought against its former insured. The claim relates to a fire at the former insured’s property which, on the Claimant’s case, was caused negligently, resulting in extensive damage to neighbouring properties and rectification costs running into the hundreds of thousands of pounds.
  • Advising a large London airport on prospects of defending contribution proceedings brought by one of the airlines, as well as the prospects of relying on a contractual indemnity clause contained in the service agreement with their contractor.
  • Acting (from pre-issue to trial) in a claim for fraudulent misrepresentation arising out of the sale of a vehicle.
  • Instructed on behalf of a construction company in relation to a claim by one of its former electrical subcontractors for unpaid invoices relating to works at a number of different properties. Counterclaim advanced for the costs incurred by the construction company in respect of the subcontractor’s failure to complete the agreed works and/or substandard completion of those works, necessitating revision.
  • Instructed in relation to the recovery of monies outstanding under a revolving credit facility by way of enforcement of personal guarantees given by company directors.
  • Representing a national political party in a claim for breach of confidence and breach of director’s duties, brought against the former party leader and others. Involved in a series of procedural applications in the High Court.
  • Instructed on behalf of a landowner seeking injunctive relief against a neighbouring property resident in order to enforce a right of way.
  • Advising a private individual in relation to his insurer’s alleged avoidance of a policy pursuant to the Consumer Insurance (Disclosure and Representations) Act 2012; together with allegations of fraud. Claim valued in the region of £70,000.
  • Advising a private individual in relation to alleged breach of director’s duties.
  • Advising a property developer on its prospects of successfully claiming against a building insurance policy following allegations of defective workmanship made by subsequent property purchaser.

   

  Jake is willing to consider accepting instructions on ‘non-traditional’ funding arrangements (including DBA) in appropriate cases.

• Personal insolvency

  Personal insolvency

  Before coming to the Bar, Jake dealt with cases involving personal insolvency and regularly appeared in the High Court on such matters. He continues to accept instructions in this area.

• Insurance coverage

  Insurance coverage

  Jake has a continually developing insurance law practice and has experience of advising on coverage, recovery, and other matters.

  Recent work:

  • Acting for a large UK insurance company in recovery proceedings brought against its former insured. The claim relates to a fire at the former insured’s property which, on the Claimant’s case, was caused negligently, resulting in extensive damage to neighbouring properties and rectification costs running into the hundreds of thousands of pounds.
  • Advising a private individual in relation to his insurer’s alleged avoidance of a policy pursuant to the Consumer Insurance (Disclosure and Representations) Act 2012; together with allegations of fraud. Claim valued in the region of £70,000.
  • Advising a private individual in relation to a prospective claim against his motor insurer. The Claimant’s high value vehicle had been stolen; the insurer refused to indemnify for loss of the vehicle on the basis there had been an alleged failure to adhere to the terms of the policy relating to locking the vehicle.
  • Advising a property developer on issues, including coverage, concerning its prospects of successfully claiming against a building insurance policy following allegations of defective workmanship made by subsequent property purchaser.

   

  Jake is also instructed to advise on the interpretation and construction of insurance contracts, and has dealt with issues of agency arising in an insurance context.

  Given Jake’s personal injury experience, he is familiar with, and has advised on, the application of the Untraced and Uninsured Drivers Agreements. He has frequently appeared in claims involving the Motor Insurers’ Bureau.

• Costs and litigation funding

  Costs and litigation funding

  Jake has a successful and rapidly expanding costs and litigation funding practice.

  Costs has been a notable growth area in Jake’s practice: the technical nature of costs litigation is well suited to Jake’s forensic attention to detail and ability to persuasively argue complex legal principles succinctly; it also significantly compliments his existing personal injury expertise.

  Jake has been instructed in solicitor-client assessments proceedings (acting on behalf of both former solicitors and former clients) and has appeared before the Costs Judges in the SCCO.

  In addition, Jake is fully familiar with the fixed costs regimes applicable to cases which commence within the various low value Portal schemes (and the difficulties that can arise with such regimes); and is very well versed in the operation of Qualified One Way Costs Shifting, and the issues (intended or otherwise) that QOCS can present.

  Jake has experience of advising on discrete costs issues involving the application of Part 36, notably including advising a Defendant on the likely costs consequences in circumstances where a child claimant resiled from a prior acceptance of a Part 36 offer only to then, many years later, subsequently re-accept the offer.

• International

  International

  Jake’s practice includes experience of dealing with claims arising from accidents which take place overseas, or those involving foreign based Defendants.

  Previous work:

  • Advising the Government of the United States of America in relation to a possible jurisdictional challenge in a claim arising out of a fatal accident involving a serving US solider, which took place on UK Sovereign Base in Cyprus.
  • Representing the Claimant in a personal injury claim brought against the driver of a vehicle registered in Poland. The case included a number of procedural complications, and consideration of the application of The European Communities (Rights Against Insurers) Regulations 2002.
  • Advising the Claimant in relation to service of proceedings against a Californian resident.

   

  Jake has a particular interest in difficult procedural matters and enjoys this aspect of cross-jurisdictional claims.