james bickford smith

James practises in employment and commercial law. He has unusually extensive advocacy experience for a barrister of his call.

He joined Littleton after obtaining a Double First and Doctorate from Oxford University, where he worked as a College Lecturer. He gained “Outstanding” marks on the BVC, scoring particularly highly in cross-examination and winning the Herbert Smith award for outstanding speaker in the Final of the Apex Competition.

Since joining Littleton James has built a substantial practice in commercial and employment law. He has appeared successfully as sole advocate in the High Court and the Employment Appeal Tribunal as well as in County Courts and Employment Tribunals across the country. He has also acted as a junior in substantial High Court and Tribunal cases.

James’ practice in 2011-12 has included:

acting as sole counsel for the Defendants in a High Court team-move case (which ended at interlocutory stage with his clients recovering 90% of their costs bill);
acting in an ongoing High Court conspiracy action listed for a speedy trial (led by Andrew Stafford QC and Jeffrey Bacon); the case earlier involved a successful application for a search order;
acting as sole counsel in Dumol, Naitta & ors v Aircraft Services International Group (1), Gate Aviation Ltd (2), Performa Elan Singapore Pte Ltd (3), successfully establishing a TUPE Transfer following a 4-day PHR concerning closure of Heathrow Terminal 2;
advising administrators on the employment law aspects of the restructuring of the Prince group in Europe;
acting for an investment banker in a high value disability discrimination claim that settled shortly before a 22-day hearing (led by Michael Duggan);
acting for SJ Berwin in successful High Court enforcement action concerning a debt owed to the firm by related Iraqi and BVI companies;
acting for a solicitors’ firm defending claims of fraud and negligence;
acting in a wide range of County Court commercial contract/banking and finance disputes.

Much of his practice consists of repeat business, with instructing solicitors ranging from City firms to sole practitioners. In-house legal departments and other professionals, in particular insolvency practitioners, also regularly instruct James.

James writes a monthly column, A Practical View from the Bar, for PLC which can be read here.

commercial

James has broad experience of commercial work gained first at a magic circle commercial set and then at Littleton. He has a busy practice, being regularly used by a range of solicitors including City firms and sole practitioners either as sole advocate or adviser or as part of larger litigation teams. He has undertaken a secondment in a well-known banking and finance litigation team. Current or recent instructions include:

Sole counsel for SJ Berwin in successful High Court enforcement action concerning a debt owed to the firm by related Iraqi and BVI companies;
Junior counsel in a high profile ownership dispute about a George Cross (listed for a five day trial in QBD);
Junior counsel in High Court application for a search and seizure order against multiple parties (see further injunctions tab);
Advising on directors’ and shareholders’ disputes and unfair prejudice petitions;
A range of county court matters on multi and fast tracks.

Past experience has seen James draft advices, notes, or pleadings in respect of claims which have proceeded to judgment in the High Court and/or Court of Appeal in each of the following fields: insurance; reinsurance; aviation; civil fraud; retail banking; investment banking; professional negligence; general commercial. In all his work James aims to provide clients with prompt, straightforward and commercially realistic advice based on meticulous research.

employment

James has a broad employment practice focused on trial work, with experience of bringing or responding to claims of: unfair dismissal, race, sex, age and disability discrimination, unlawful deductions, breach of contract, lay-off redundancy, part-time worker discrimination, unjustifiable discipline (TULR(C)A), breaches of the WTR, and automatically unfair dismissal following protected disclosure or TUPE transfer.

Respondent clients have included small businesses, limited, public limited and multinational companies, public sector bodies, community organisations, a Trades Union, and charities. James enjoys learning about his client’s businesses or activities and considers it essential to do so. He is now increasingly instructed at an early stage to handle highly-charged or problematic cases for corporate and other clients he has represented in earlier Tribunal proceedings.

Claimant clients have come from all walks of life, and James has secured a number of high value settlements or awards. He is also careful to establish early what non-financial outcome if any a client seeks and then to work towards achieving this; settlement agreements have included provisions a) waiving restrictive covenants b) concerning detailed agreed references and c) concerning re-engagement on negotiated terms.

TUPE

Cases as sole counsel include:

Dumol, Naitta & ors v Aircraft Services International Group (1), Gate Aviation Ltd (2), Performa Elan Singapore Pte Ltd (3): 4-day PHR concerning closure of Heathrow Terminal 2. James acted for C2, successfully arguing transfer from business class lounge in T2 to cross-branded lounge in T4. Over twenty different airlines involved. Issues of fragmentation, whether “client” requires legal personality, correct legal test for when services fundamentally different.
Barnes & or v Milsteda Systems: acted for C1 in claim brought against transferee only. C employed by payroll company. R argued that Tribunal not entitled to pierce corporate veil. Transfer upheld following legal submissions at PHR. Case settled on Day 3 of Full Merits Hearing in course of cross-examination of R’s witnesses on ETO/redundancy pool issues.
X & ors v B Ltd & J Ltd: acted for C9. Cs employed as delivery drivers by freight forwarding company which lost nationwide delivery contract. Main issue: whether organised grouping of employees assigned to contract. Case settled on Day 2 of PHR.
F v H Council and X Police Force: scope of administrative transfer exception to TUPE, construction and effect of policing agreement between Police Force and Council.
R v S Ltd (High Court): transfer of enhanced redundancy rights under TUPE 1981.

PERSONAL BACKGROUND

BA (Balliol College, Oxford): Double First
Frazer Scholar of Balliol College and James Gay Prize for History
University of Oxford Carlyle Scholar in the History of Post-Classical Political Thought (1999-2003)
Arts and Humanities Research Board Competitions A & B Winner (1999-2004)
Doctorant Etranger at the Ecole Normale Supérieure (LSH)
D. Phil (Oxon) (also completed Master of Studies)
College Lecturer in History at St Hugh’s College, Oxford
Lincoln’s Inn: Lord Haldane CPE Scholarship; Lord Mansfield major BVC Award; Buchanan Prize for performance in Bar Finals; Sir Robert Megarry pupillage award

James’s main hobby is history. His examiners recommended his doctorate on the history of Normandy in the eleventh century for publication by Oxford University Press and he continues to prepare this for publication when time allows. In July 2011 he presented a paper to the 34^th Battle Conference on Anglo-Norman Studies in York. He has also delivered papers and taught in French.

Other hobbies include travel, art, and Italian cooking.

Call: 2008
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