James Bickford Smith


James Bickford Smith

Call: 2008

James practises in commercial and employment law. He joined Littleton after obtaining a Double First from Oxford University, Outstanding marks on the Bar Vocational Course, and a solid grounding in commercial law at a “magic circle” set.

James won the Herbert Smith award for the outstanding individual speaker in the Final of the Apex Mooting Competition, scored particularly highly in cross-examination on the BVC, and since arriving at Littleton has appeared in matters of varying complexity and value in Tribunals across the country.

Practice Areas

Employment:  

James undertakes a broad range of employment matters and has been briefed for hearings listed for up to seven days. Cases have involved:

    • Unfair dismissal;
    • Age Discrimination;
    • Sex Discrimination;
    • Unlawful deductions and contractual variation;
    • Redundancy payments (lay off);
    • Part-Time worker discrimination;
    • Breach of the right to be accompanied;
    • Unjustifiable discipline (TULR(C)A);
    • “Whistle-blowing”;
    • Commercial employment disputes notably including TUPE transfers.

Clients have included small businesses, limited and public limited companies, a community centre, a charity and a Trades Union. Much of his current work consists of repeat instructions.

Commercial:   

James joined Chambers with a broad experience of commercial litigation acquired over pupillage. This included work in the following fields:  

General commercial

    • Distribution Agreements: alleged breach of accounting and other obligations in UK distribution agreement; wrongful termination of multimillion dollar agreements covering several jurisdictions.
    • Share Purchase and Business Sale Agreements: advising and/or drafting particulars of claim in respect of possible claims for a) breach of warranty b) failure to pay deferred consideration c) breach of covenants restricting future commercial activities of vendor and d) breach of collateral banking covenants.

Investment Banking and Financial Regulation

    • Experience of working in teams advising on potential or active claims arising out of the “credit crunch”.
    • FSA enforcement proceedings.
    • Advising on recent and draft legislation effecting deposit-taking and other financial institutions and their employees.
    • Some experience of swaps disputes and ISDA Master Agreements.

Insurance and Reinsurance

    • Coverage disputes in respect of liability, fire, all-risks, life and PHI policies.
    • Particular interest in coverage disputes involving company directors, whether in D & O or PHI context.
    • Reinsurance, including an important LMX spiral dispute.

Retail banking

    • Most banker and customer disputes, including breach of mandate and guarantee claims.
    • Mortgage and other frauds.
    • James sat with barristers who acted in The Bank Charges Case while this was before the Court of Appeal and Supreme Court.

International elements/conflicts of law

    • James has assisted members of Chambers advising on conflicts of law questions. He is also familiar with handling underlying evidence relating to events in foreign jurisdictions.

Commercial employment

    • James has assisted members of Chambers advising on Pension Deeds, TUPE transfers, and injunctions to enforce restrictive covenants.

Academic

BA, MSt, D. Phil (Oxon). James also studied at the Ecole Normale Supérieure (LSH) and at City University. He won scholarships and prizes at each stage of his education and briefly went on to be a College Lecturer at St Hugh’s College, Oxford. His examiners recommended his doctorate for publication by Oxford University Press. When coming to the Bar he was awarded Lord Haldane, Lord Mansfield, and Sir Robert Megarry major scholarships by Lincoln’s Inn and a Buchanan Prize for his performance in Bar Finals.

Languages

French (fluent)

Italian (basic).

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